Matt

“In later unenumerated rights cases the Supreme Court has, for whatever reason, shied away from Justice Goldberg’s suggestion. That has not prevented it from using tests looking to “traditions” and the like for “fundamental rights” worthy of its protection, such as in famous unenumerated rights cases like Roe v. Wade (abortion), Troxel v. Granville (parents’ right to direct the upbringing of their children), or Lawrence v. Texas (right of same-sex intimate sexual conduct).59 But in none of those or related cases has it invoked the Ninth Amendment beyond, at best, a passing reference. Thus, Justice Goldberg’s undeveloped but interesting thoughts on the matter are the only more than transitory statements on the Ninth Amendment from the nation’s highest court.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters

“Thus, to protect against any power being used to violate the rights in the declaration of rights, such rights-violating powers are expressly not delegated as part of those “general powers.” It is not simply that the constitution affirmatively protects those rights, but that the power to violate them is not given to the state government in the first place. This, in a sense, was an answer to Hamilton’s and the Federalists’ promise that enumerated powers would not infringe on rights: we will not only spell those rights out, but explain that those powers do not extend to those rights at all. Pennsylvania’s framers intended to hold up their liberties with a belt and pair of suspenders.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters

“People in general do not like to hear hard truths, and politicians get elected by telling people what they want to hear, even if the voting public knows the politicians are lying to them.”
― Craig Alanson, Armageddon

“demonstrates a belief in popular sovereignty, something commonly held at the time of the U.S. Constitution’s adoption. This view of the legitimacy of government asserts that sovereignty did not reside in the federal or state governments, but ultimately in the people themselves.65 The people can delegate their sovereignty however they wish, either through enumerated powers (à la the federal government) or general powers (à la the states). They could also, presumably, delegate no powers to any government and live in complete anarchy.”
― Anthony B Sanders, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters