Which amendment states that all rights not enumerated are retained by the people?

• A. The Ninth Amendment
• B. The Eleventh Amendment
• C. The Second Amendment
• D. The Thirteenth Amendment

Answer: (A)

The concept here is that people retain rights even if they aren’t spelled out in the Constitution. The Ninth Amendment specifically protects this idea by saying that listing certain rights in the Constitution shall not be construed to deny or disparage others retained by the people. In other words, there are additional fundamental rights beyond those explicitly named, and the government cannot claim that only enumerated rights exist.

This is why the Ninth Amendment is the best answer. It explicitly recognizes unenumerated rights and affirms that the people hold protections beyond what’s written, which is a guardrail against a too-narrow reading of constitutional protections.

The other amendments address specific, named issues rather than the broader principle of unenumerated rights: the Eleventh Amendment deals with sovereign immunity and suits against states; the Second Amendment protects the right to keep and bear arms; the Thirteenth Amendment abolishes slavery and involuntary servitude.