Praxis II Citizenship And Social Sciences (5511) Practice Test

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Which term best describes rights not explicitly listed in the Constitution but protected by the judiciary?
Correct Answer:
Unenumerated rights
Explanation:
Rights not explicitly listed in the Constitution but protected by the judiciary are known as unenumerated rights. The Constitution mentions some liberties directly, yet the courts interpret and safeguard additional freedoms as part of the broader guarantees of liberty and due process, often drawing on the Ninth Amendment’s idea that not all rights are written down. A classic illustration is the right to privacy, which the Supreme Court has protected even though it isn’t spelled out page-by-page in the text. This distinguishes unenumerated rights from rights that are explicitly listed (enumerated or expressed) and from powers reserved to the states (reserved rights).

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