Question

In Griswold v. Connecticut, a case from 1965 concerning whether married people had the right to purchase and use contraception, the Supreme Court used the argument of "marital privacy" to assert the right to purchase and use contraception. The opinion drew on the Ninth Amendment. The Justices wrote: The Ninth Amendment to the Constitution may be regarded by some as a recent discovery, and may be forgotten by others, but, since 1791, it has been a basic part of the Constitution which we are sworn to uphold. To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment, and to give it no effect whatsoever. Moreover, a judicial construction that this fundamental right is not protected by the Constitution because it is not mentioned in explicit terms by one of the first eight amendments or elsewhere in the Constitution would violate the Ninth Amendment, which specifically states that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This passage references what are called "unenumerated rights." Based on reading the passage, an unenumerated right is

Answer 1

Answer: Based on reading the passage, an unenumerated right is a right that is not mentioned in explicit terms, occurring naturally to an individual. This makes sense to say unenmerated right is a right that is possible with the use of common sense, like an unwritten rule.

Answer 2

Based on reading the passage, an unenumerated right is a right considered implicit, natural and inherent to man. Therefore, there is no need to write it in a constitution or a law, or it arises as a direct consequence of the rights that are legally stated.

For example, as arises from the ruling in Griswold v. Connecticut, the marital privacy right, which arises from the marriage institute itself as well as from the generic right to privacy. In other words, the right to marital privacy is not explicitly stated, but derives from rights that indeed are.

In short, certain rights do not need to be introduced into laws, but are evident in the face of a correct interpretation of the Constitution and the laws that complement it.