您的位置:首页 > 其它

5/24

2016-05-25 14:25 302 查看
Most educated people of the eighteenth century, such as the Founding Fathers, subscribed to Natural Rights Theory, the idea that every human being has a considerable number
of innate rights, simply by virtue of being a human person. When the US Constitution was sent to the states for ratification, many at that time felt that the federal government outlined by the Constitution would be too strong, and that rights of individual
citizens against the government had to be clarified. This led to the Bill of Rights, the first ten amendments, which were ratified at the same time as the Constitution. The first eight of these amendments list specific rights of citizens. Some leaders feared
that listing some rights could be interpreted to mean that citizens didn't have other, unlisted rights. Toward this end, James Madison and others produced the Ninth Amendment, which states: the fact that certain rights are listed in the Constitution shall
not be construed to imply that other rights of the people are denied

18世纪大多数受过教育的人(例如ff), 同意自然权利法则。认为每个人都有很多与生俱来的权利,例如能成为一个人类。在美国宪法修订之时,许多人感觉宪法描绘出来的美国政府太强硬了,每个人的权利应当被声明。于是诞生了比尔法则。它是前十个修正案,和宪法同时间颁发。这十个当中的前八个列出了公民具体的权利。许多领导人担心列出一些权利就意味着公民不能享有其他没列出的的权利。于是,jm和和其他人起草了第九条修正案。声称公民的某些权利被列在宪法里不意味着其他的权力就被否认了。

Constitutional traditionalists interpret the Ninth Amendment as a rule for reading the rest of the constitution. They would argue that "Ninth Amendment rights" are a misconceived
notion: the amendment does not, by itself, create federally enforceable rights. In particular, this strict reasoning would be opposed to the creation of any new rights based on the amendment. Rather, according to this view, the amendment merely protects those
rights that citizens already have, whether they are explicitly listed in the Constitution or simply implicit in people's lives and in American tradition.

传统主义者将第九条修正案看作宪法剩余部分的基础,他们认为第九条修正案是不好的。他们认为这条修正案不会给人们带来能使用的权利。而且这条修正案会影响人们其他权利的产生。 这条修正案只会对人们现有权利造成不利,无论是那些明确列在宪法里的还是那些深埋于人们生活和美国传统中的。

More liberal interpreters of the US Constitution have a much more expansive view of the Ninth Amendment. In their view, the Ninth Amendment guarantees to American citizens
a vast universe of potential rights, some of which we have enjoyed for two centuries, and others of which the Founding Fathers could not possibly have conceived. These scholars point out that some rights, such as voting rights of women or minorities, were
not necessarily viewed as rights by the majority of citizens in late eighteenth century America, but are taken as fundamental and unquestionable in modern America. While those rights cited are protected specifically by other amendments and laws, the argument
asserts that other unlisted right also could evolve from unthinkable to perfectly acceptable, and the Ninth Amendment would protect these as-yet-undefined rights.

更多的自由主义评论家对第九条修正案有更广泛的看法。他们认为,第九条修正案很大程度上保障了美国人民的权利。有些权利是我们已经享受两个世纪的,有些权利是我们的先人没有想到的。这些学者指出有些权利,例如妇女和少数群体的投票权,在18世纪末未必被大多数人看作一项权利, 但是当代社会却被看作一项基本的,毋庸置疑的人权。尽管那些被声明的权利被其他的修正案和法律保护着, 这种观点指出其他未被列出的权利可以从无人意料到 进化为完全被接受,也就是说第九条修正案会保护这些尚未被声明的权利。
内容来自用户分享和网络整理,不保证内容的准确性,如有侵权内容,可联系管理员处理 点击这里给我发消息
标签:  idea