Constitutional scholars of both the traditionalist and liberal views would agree that Ninth Amendment rights答案解析-雷哥GRE

雷哥网GRE > 阅读&逻辑 > Magoosh > 4953

Magoosh -4953【medium】 00:00:00 关闭计时

纠错

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. 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. 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.

Constitutional scholars of both the traditionalist and liberal views would agree that Ninth Amendment rights

accommodate shifts in cultural values with respect to issues affecting human rights cannot serve as the basis of legal decisions are directly reflected in our understanding of who can and can't vote are not stated explicitly in the Bill of Rights extend the idea of Natural Rights Theory

正确答案： D 耗时：

该题平均耗时：4分27秒，平均正确率：19 %，难度系数：5 。该题由网友提供。更多GRE题目请点击上传

做题笔记

暂无做题笔记

网友解析

我有更好的解析

暂无网友解析

1V1 预约名师一对一题目解析课程

题目讨论 (如果对题目有任何的疑惑，欢迎在这里提出来，大家会帮你解答的哦~)

weigan610

这里explicitly不能被理解为“第九法案根本没被写在 Bill of Rights 里面”。explicitly 修饰的 stated ，所以意为：第九法案写得比较含糊、有争议。原文也可以体现出来，因为有不同的解读方式和派系，可以隐射出原法案的语句存在解度空间，也就是不够explicit。E 错的地方在于第一句提到的人权只不过是提供一个人权法案诞生的背景，并不能说明第九法案是人权理论的延申。

0 回复

2023-01-23 05:07:31

228744wrxs

are not stated explicitly in the Bill of Rights即都赞同"other rights" are not denied. 只是tradionalist认为other right 仅限于当时已经承认的right, liberal认为要与时俱进可以加入Ninth Amendment制定时没有默认的right

0 回复

2022-12-18 21:49:35

166918uiex

第九条修正案怎么就不在权利法案里了？

0 回复

2022-08-15 17:06:42

420316ov 回复 420316ov
第九修正案在，但是第九修正案中保护的各种权利，没有被直接的明确写在法律中。

0 0 回复
2022-10-10 21:04:26

做题笔记

网友解析

题目讨论 (如果对题目有任何的疑惑，欢迎在这里提出来，大家会帮你解答的哦~)

请选择错误类型：

请描述一下这个错误：

关于GRE

关于课程

联系我们