Human Rights and the Ninth Amendment: A New Form of Guarantee

37 Pages Posted: 11 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 1975


This article identifies the primary purpose of the Ninth Amendment, which was created as part of a compromise regarding the creation of a Bill of Rights – a purpose to guarantee human rights that were retained by the people even though they were not enumerated in the first eight amendments. The article also offers a sketch of discoverable rights of the people that the judiciary should use when identifying and clarifying human rights that are constitutionally-based and protected in the Ninth Amendment. The article has been identified by some historians as being among the top articles on our Bill of Rights.

Keywords: Amendment, Bill of Rights, Constitution, Declaration of Independence, Founders, Framers, Hamilton, human dignity, human right, incorporation, Jefferson, judicial power, Madison, Ninth Amendment, Paine, remedy, rights of man, unenumerated

Suggested Citation

Paust, Jordan J., Human Rights and the Ninth Amendment: A New Form of Guarantee (1975). 60 Cornell Law Review 231 (1975), U of Houston Law Center No. 2014-A-34, Available at SSRN:

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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