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 that 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.
5. Constitutional scholars of both the traditionalist and liberal views would agree that “Ninth Amendment rights”
A. accommodate shifts in cultural values with respect to issues affecting human rights
B. cannot serve as the basis of legal decisions
C. are directly reflected in our understanding of who can and can’t vote
D. are not stated explicitly in the Bill of Rights
E. extend the idea of Natural Rights Theory