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d by the people the amendment is almost entirely the work of james madison it was introduced in congress by him and passed the house and senate with little or no debate and virtually no change in language it was proffered to quiet expressed fears that a bill of specifically enumerated rights footnote 3 could not be sufficiently broad to cover all essential page 381 u s 489 rights and that the specific mention of certain rights would be interpreted as a denial that others were protected footnote 4 in presenting the proposed amendment madison said it has been objected also against a bill of rights that by enumerating particular exceptions to the grant of power it would disparage those rights which were not placed in that enumeration and it might follow by implication that those rights which were not singled out were intended to be assigned into the hands of the general government and were consequently insecure this is one of the most plausible arguments i have ever heard urged against the admission of a bill of rights into this system but i conceive that it may be guarded against i have attempted it as gentlemen may see by turning to the page 381 u s 490 last clause of the fourth resolution the ninth amendment i annals of congress 439 gales and seaton ed 1834 mr justice story wrote of this argument against a bill of rights and the meaning of the ninth amendment in regard to a suggestion that the affirmance of certain rights might disparage others or might lead to argumentative implications in favor of other powers it might be sufficient to say that such a course of reasoning could never be sustained upon any solid basis but a conclusive answer is that such an attempt may be interdicted as it has been by a positive declaration in such a bill of rights that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people ii story commentaries on the constitution of the united states 626 627 5th ed 1891 he further stated referring to the ninth amendment this clause was manifestly introduced to prevent any perverse or ingenious misapplication of the well known maxim that an affirmation in particular cases implies a negation in all others and e converso that a negation in particular cases implies an affirmation in all others id at 651 these statements of madison and story make clear that the framers did not intend that the first eight amendments be construed to exhaust the basic and fundamental rights which the constitution guaranteed to the people footnote 5 while this court has had little occasion to interpret the ninth amendment footnote 6 i t cannot be presumed that any page 381 u s 491 clause in the constitution is intended to be without effect marbury v madison 1 cranch 137 5 u s 174 in interpreting the constitution real effect should be given to all the words it uses myers v united states 272 u s 52 272 u s 151 the ninth amendment to the constitution may be regarded by some as a recent discovery and may be forgotten by others but since 1791 it has been a basic part of the constitution which we are sworn to uphold to hold that a right so basic and fundamental and so deep rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the constitution is to ignore the ninth amendment and to give it no effect whatsoever moreover a judicial construction that this fundamental right is not protected by the constitution because it is not mentioned in explicit terms by one of the first eight amendments or elsewhere in the constitution would violate the ninth amendment which specifically states that page 381 u s 492 t he enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people emphasis added a dissenting opinion suggests that my interpretation of the ninth amendment somehow broaden s the powers of this court post at 381 u s 520 with all due respect i believe that it misses the import of what i am saying i do not take the position of my brother black in his dissent in adamson v california 332 u s 46 332 u s 68 that the entire bill of rights is incorporated in the fourteenth amendment and i do not mean to imply that the ninth amendment is applied against the states by the fourteenth nor do i mean to state that the ninth amendment constitutes an independent source of rights protected from infringement by either the states or the federal government rather the ninth amendment shows a belief of the constitution s authors that fundamental rights exist that are not expressly enumerated in the first eight amendments and an intent that the list of rights included there not be deemed exhaustive as any student of this court s opinions knows this court has held often unanimously that the fifth and fourteenth amendments protect certain fundamental personal liberties from abridgment by the federal government or the states see e g bolling v sharpe 347 u s 497 aptheker v secretary of state 378 u s 500 kent v dulles 357 u s 116 cantwell v connecticut 310 u s 296 naacp v alabama 357 u s 449 gideon v wainwright 372 u s 335 new york times co v sullivan 376 u s 254 the ninth amendment simply shows the intent of the constitution s authors that other fundamental personal rights should not be denied such protection or disparaged in any other way simply because they are not specifically listed in the first eight constitutional amendments i do not see how this broadens the authority page 381 u s 493 of the court rather it serves to support what this court has been doing in protecting fundamental rights nor am i turning somersaults with history in arguing that the ninth amendment is relevant in a case dealing with a state s infringement of a fundamental right while the ninth amendment and indeed the entire bill of rights originally concerned restrictions upon federal power the subsequently enacted fourteenth amendment prohibits the states as well from abridging fundamental personal liberties and the ninth amendment in indicating that not all such liberties are specifically mentioned in the first eight amendments is surely relevant in showing the existence of other fundamental personal rights now protected from state as well as federal infringement in sum the ninth amendment simply lends strong support to the view that the liberty protected by the fifth and fourteenth amendments from infringement by the federal government or the states is not restricted to rights specifically mentioned in the first eight amendments cf united public workers v mitchell 330 u s 75 330 u s 94 95 in determining which rights are fundamental judges are not left at large to decide cases in light of their personal and private notions rather they must look to the traditions and collective conscience of our people to determine whether a principle is so rooted there as to be ranked as fundamental snyder v massachusetts 291 u s 97 291 u s 105 the inquiry is whether a right involved is of such a character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions powell v alabama 287 u s 45 287 u s 67 liberty also gains content from the emanations of specific constitutional guarantees and from experience with the requirements of a free society poe page 381 u s 494 v ullman 367 u s 497 367 u s 517 dissenting opinion of mr justice douglas footnote 7 i agree fully with the court that applying these tests the right of privacy is a fundamental personal right emanating from the totality of the constitutional scheme under which we live id at 367 u s 521 mr justice brandeis dissenting in olmstead v united states 277 u s 438 277 u s 478 comprehensively summarized the principles underlying the constitution s guarantees of privacy the protection guaranteed by the fourth and fifth amendments is much broader in scope the makers of our constitution undertook to secure conditions favorable to the pursuit of happiness they recognized the significance of man s spiritual nature of his feelings and of his intellect they knew that only a part of the pain pleasure and satisfactions of life are to be found in material things they sought to protect americans in their beliefs their thoughts their emotions and their sensations they conferred as against the government the right to be let alone the most comprehensive of rights and the right most valued by civilized men page 381 u s 495 the connecticut statutes here involved deal with a particularly important and sensitive area of privacy that of the marital relation and the marital home this court recognized in meyer v nebraska supra that the right to marry establish a home and bring up children was an essential part of the liberty guaranteed by the fourteenth amendment 262 u s at 262 u s 399 in pierce v society of sisters 268 u s 510 the court held unconstitutional an oregon act which forbade parents from sending their children to private schools because such an act unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control 268 u s at 268 u s 534 535 as this court said in prince v massachusetts 321 u s 158 at 321 u s 166 the meyer and pierce decisions have respected the private realm of family life which the state cannot enter i agree with mr justice harlan s statement in his dissenting opinion in poe v ullman 367 u s 497 367 u s 551 552 certainly the safeguarding of the home does not follow merely from the sanctity of property rights the home derives its preeminence as the seat of family life and the integrity of that life is something so fundamental that it has been found to draw to its protection the principles of more than one explicitly granted constitutional right of this whole private realm of family life it is difficult to imagine what is more private or more intimate than a husband and wife s marital relations the entire fabric of the constitution and the purposes that clearly underlie its specific guarantees demonstrate that the rights to marital privacy and to marry and raise a family are of similar order and magnitude as the fundamental rights specifically protected although the constitution does not speak in so many words of the right of privacy in marriage i cannot believe that it offers these fundamental rights no protection the fact that no particular provision of the constitution page 381 u s 496 explicitly forbids the state from disrupting the traditional relation of the family a relation as old and as fundamental as our entire civilization surely does not show that the government was meant to have the power to do so rather as the ninth amendment expressly recognizes there are fundamental personal rights such as this one which are protected from abridgment by the government though not specifically mentioned in the constitution my brother stewart while characterizing the connecticut birth control law as an uncommonly silly law post at 381 u s 527 would nevertheless let it stand on the ground that it is not for the courts to substitute their social and economic beliefs for the judgment of legislative bodies who are elected to pass laws post at 381 u s 528 elsewhere i have stated that w hile i quite agree with mr justice brandeis that a state may serve as a laboratory and try novel social and economic experiments new state ice co v liebmann 285 u s 262 285 u s 280 285 u s 311 dissenting opinion i do not believe that this includes the power to experiment with the fundamental liberties of citizens footnote 8 the vice of the dissenters views is that it would permit such experimentation by the states in the area of the fundamental personal rights of its citizens i cannot agree that the constitution grants such power either to the states or to the federal government the logic of the dissents would sanction federal or state legislation that seems to me even more plainly unconstitutional than the statute before us surely the government absent a showing of a compelling subordinating state interest could not decree that all husbands and wives must be sterilized after two children have been born page 381 u s 497 to them yet by their reasoning such an invasion of marital privacy would not be subject to constitutional challenge because while it might be silly no provision of the constitution specifically prevents the government from curtailing the marital right to bear children and raise a family while it may shock some of my brethren that the court today holds that the constitution protects the right of marital privacy in my view it is far more shocking to believe that the personal liberty guaranteed by the constitution does not include protection against such totalitarian limitation of family size which is at complete variance with our constitutional concepts yet if upon a showing of a slender basis of rationality a law outlawing voluntary birth control by married persons is valid then by the same reasoning a law requiring compulsory birth control also would seem to be valid in my view however both types of law would unjustifiably intrude upon rights of marital privacy which are constitutionally protected in a long series of cases this court has held that where fundamental personal liberties are involved they may not be abridged by the states simply on a showing that a regulatory statute has some rational relationship to the effectuation of a proper state purpose where there is a significant encroachment upon personal liberty the state may prevail only upon showing a subordinating interest which is compelling bates v little rock 361 u s 516 361 u s 524 the law must be shown necessary and not merely rationally related to the accomplishment of a permissible state policy mclaughlin v florida 379 u s 184 379 u s 196 see schneider v irvington 308 u s 147 308 u s 161 although the connecticut birth control law obviously encroaches upon a fundamental personal liberty the state does not show that the law serves any subordinating state interest which is compelling or that it is necessary page 381 u s 498 to the accomplishment of a permissible state policy the state at most argues that there is some rational relation between this statute and what is admittedly a legitimate subject of state concern the discouraging of extramarital relations it says that preventing the use of birth control devices by married persons helps prevent the indulgence by some in such extramarital relations the rationality of this justification is dubious particularly in light of the admitted widespread availability to all persons in the state of connecticut unmarried as well as married of birth control devices for the prevention of disease as distinguished from the prevention of conception see tileston v ullman 129 conn 84 26 a 2d 582 but in any event it is clear that the state interest in safeguarding ma...