How Does the Constitution Protect Liberty?

The Founders listed several rights guaranteed to the people in the first eight amendments of the Bill of Rights. They did not believe that this list was all encompassing, so they included the Ninth Amendment as a way to protect the rights of the people that were not listed in the first Eight. This lesson explores the nature of these unnamed rights and examines the arguments around who should interpret them, judges or the people.

Objectives

• Students will identify some enumerated and implied rights.
• Students will summarize why the Founders included the Ninth Amendment in the Bill of Rights.
• Students will understand the impact of the Fifth and Fourteenth Amendments on liberty.
• Students will analyze how an invasion of privacy affects an individual.
• Students will evaluate liberty cases in the courts.
• Students will evaluate the balancing of the right of personal liberty with public policy.

Student Handouts

• Handout A: Background Essay—How Does the Constitution Protect Liberty?
• Handout B: Pierce v. Society of Sisters (1925) Brief
• Handout C: Pierce v. Society of Sisters (1925) Unanimous Opinion
• Handout D: Newspaper Story Guideline

Teacher Resources

• How Does the Constitution Protect Liberty? Answer Key