U.S. History STAAR ( State of Texas Assessments of Academic Readiness) Practice Test

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Which amendment fails to mention rights that are retained by the people?

  1. First Amendment

  2. Second Amendment

  3. Ninth Amendment

  4. Tenth Amendment

The correct answer is: Ninth Amendment

The Ninth Amendment is specifically designed to address the rights of individuals that are not explicitly enumerated in the Constitution. This amendment states that the enumeration of certain rights in the Constitution does not mean that others do not exist. The framers intended to assure the people that their rights are not limited to just those listed in the Constitution. In contrast, the First and Second Amendments explicitly mention specific rights—freedom of speech, religion, assembly, and the right to bear arms. The Tenth Amendment reserves powers not granted to the federal government for the states and the people, but it also does not delineate individual rights like the Ninth Amendment does. Therefore, the Ninth Amendment is notable for its attempt to encompass unenumerated rights, highlighting the importance of rights retained by the people that may not be explicitly stated elsewhere in the founding document.