Issue 20.15
The Ninth Amendment to the US Constitution states, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
This simple and brief statement carries a weighty and critical meaning as it concerns our relationship with the Federal government and indeed, any government. The principles upon which a just government is created were outlined by many authors throughout history. Our founders read these concepts and incorporated them into our founding documents – especially the Declaration of Independence and the Constitution.
In essence, the concept they worked from was that people associate together voluntarily to create community and provide for common needs such as defense, food creation or gathering, healthy conditions for all, etc. When they do so, they make provision for the “governance” of the group. The government is, then, the product of and under the control of the people. Such government only has those rights, powers and responsibilities that the people grant to it and no more. The government does not have the right to impose new laws, restrictions or limitations upon the people without their consent. The government is also constrained by two outside forces or concepts – unalienable rights (granted by God or the Creator) and natural law.
There are many written works that outline the philosophies that define these rights and laws. Most of those who created our nation read and understood these concepts. For those of you who would like to have a firmer understanding of the principles of freedom, you may want to read Frederic Bastiat’s “The Law”, William Blackstone’s Commentaries on the Laws of England and my current favorite, “The Law of Nations” by Emmerich de Vattel. Founded in principles expounded in the Magna Carta and even earlier from Greek and Roman thinkers and philosophers, all of these authors make it clear that government should be a creature of the people, not (as is sometimes thought by our leaders) the controller and grantor of favors to the people. When the government controls the people and not the other way around, the people are in servitude or even slavery to that government. Our founders firmly rejected that concept as should we.
The Ninth Amendment, in very simple and concise language makes it clear that, just because we have codified or defined certain rights the people have, it does not mean that they do not retain all their other unalienable or natural rights unless specifically granted to the government. By extension, it also means that the government cannot cede those rights, even if granted by the citizens, to another entity – be it the World Court, the United Nations or any multi-national corporation or organization. Those rights belong to the people. Government is the caretaker of them, not the owner. Government may not violate or deprive people of those rights without the informed consent of the governed.
The fact that this amendment was approved quickly even though it is small, simple and clear, shows that the people also understood these principles. We would do well to educate ourselves as a society so that we, in turn, defend and give watchful care so they are retained for the generations that come after us.
Lynn West is a thinker, a teacher and a patriot. You can reach him through email atforgingthefuture2021@gmail.com or through this newspaper. Liberty is a state of being which must be continually created. These articles can help all of us discover the ways we can contribute to that outcome.