[dirtboy]

The Ninth Amendment principle, that enumerated rights in the Constitution do not disparage other rights retainged by the people

The Ninth Amendment was meant as a constriant on federal power - not as a justification for expanding such. If the Ninth and the Tenth are treated as a tandem, as they should be, abortion should have remained a matter for the states. Only by taking an activist view of the Ninth, as happened with Griswold, can such a view be used to supercede both state laws and the Tenth.

[IronJack]

Griswold did nothing to create any additional federal powers. It ruled that since the right to privacy was not an enumerated right under the Constitution, it was reserved to The People, and that, as such, no state had the right to restrict it. It NEGATED a state "right," but did not create any new federal power.

The right to privacy became, in effect, a federally protected constitutional right by virtue of the Ninth Amendment and emanations proceeding from several others. The Court does not address any Tenth Amendment concerns in Griswold, and I don't know that any were ever raised.