Some conservatives are enamored of the 9'th Amendment because they see it as a way of restricting government, but truthfully it can be just as easily used the other way, to impose values that conservatives might find objectionable. Ponder this one - suppose SCOTUS were to declare tomorrow that gay marriage was a 9'th Amendment right, that applied to the states via the 14'th. How do you object to that? How do you show that it's somehow not a right?
No, the 9'th Amendment is best left dead - it's just too dangerous to actually use. It's no accident that there's approximately one Supreme Court case in all of American history that cites the 9'th Amendment, and that was in concurrence, and is not binding precedent.
As long as the fedgov is in an activist, usurping mode, that is a highly probable outcome.
No, the 9'th Amendment is best left dead - it's just too dangerous to actually use.
If the 10th were to be fully rescousitated, we could possible consider using the 9th. For now, I tend to agree that the 9th is best left for rhetorical argument against the expansion of federal power.
Actually, it's the 14th amendment that's best left dead - or at least the self-serving federal interpretation of it. We'll keep the 9th, thank you very much.