What is protected by the 9th Amendment?

Because the rights protected by the Ninth Amendment are not specified, they are referred to as “unenumerated.” The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, the right to keep personal matters private and to make important decisions about …

Are there constitutional rights to smoke?

There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution.

What are examples of the 9th Amendment?

The Ninth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791….Here are a few examples:

• The right to eat junk food.
• The right to a job.
• The right to dye your hair green.
• The right to clean drinking water.

Which of the following three rights are protected by the Bill of Rights?

The first 10 amendments to the Constitution, known as the Bill of Rights, guarantee essential rights and civil liberties, such as the right to free speech, the right to bear arms, and the right to a fair trial, as well as protecting the role of the states in American government.

What states have smoker protection laws?

States with smoker protection laws

State	Year	Code
California	2005	CA LABOR CODE § 96(k) & 98.6
Colorado	1990	CO REV. STAT. ANN § 24-34-402.5
Connecticut	2003	CT GEN. STAT. ANN. § 31-40s
District of Columbia	1993	D.C. CODE ANN. § 7-1703.3

Is banning smoking legal?

California has been referred to as “America’s Non-Smoking Section.” This reputation came about when California became the first state in the country to ban smoking in nearly every workplace and in indoor public spaces. California’s workplace smoking prohibition was enacted by AB 13 and became law in 1995 (Labor Code …

Why is the 9th amendment important today?

The Ninth Amendment tells us that the existence of a written constitution should not be treated as an excuse for ignoring nontextual rights, but it also tells us that the advocates of these rights cannot rest on ancient constitutional text to establish their existence.

Can the Bill of Rights be taken away?

A right is a power or privilege that is recognized by tradition or law. Legal rights are those recognized by government, but they can often be taken away as easily as they are given. Throughout U.S. history, many Americans have sought to protect natural rights with law.

Can an employer tell you not to smoke on your break?

In reality, there is no federal law that entitles employees to take smoke breaks, or any breaks for that matter. It is not legal to require an employee to take those short breaks unpaid.

Is it illegal to not hire someone because they smoke cigarettes?

Smokers are not a “protected” class under the law. In contrast, discrimination in hiring based on race, sex, religion, is currently illegal. For employers who provide health insurance as a benefit, their employees who smoke incur higher health costs, which the employer must pay for.

What states have smoking bans?

As of June 30, 2021, 27 states (Arizona, California, Colorado, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin), American …

What does the Ninth Amendment mean in simple terms?

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Although there is much dispute among constitutional scholars about the meaning and legal effect of the Ninth Amendment, there is consensus about its origin.

What was James Madison’s 9th amendment proposal?

The Committee dropped Madison’s proposed declaration and rewrote his Ninth Amendment proposal to read as it reads today: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Should judges guess at the meaning of the 9th Amendment?

During his failed confirmation hearing to become a Supreme Court justice in 1987, Robert Bork analogized the Amendment to an “inkblot,” which hid the constitutional text that was under it. Just as judges should not guess what was under an inkblot, he argued, so too they should not guess at the Ninth Amendment’s meaning.

Does the Ninth Amendment end the argument about unenumerated rights?

Instead, in his view, the Ninth Amendment leaves the argument about unenumerated rights unresolved. Americans too often look to the Constitution to answer important questions of political morality. Worse yet, they too often think that they have found the answers that they are looking for.