byRituparna Nath Content Writer at Study Abroad Exams
Reading Passage Question
Most educated people of the eighteenth century, such as the Founding Fathers, subscribed to Natural Rights Theory, the idea that every human being has a considerable number of innate rights, simply by virtue of being a human person. When the US Constitution was sent to the states for ratification, many at that time felt that the federal government outlined by the Constitution would be too strong, and that rights of individual citizens against the government had to be clarified. This led to the Bill of Rights, the first ten amendments, which were ratified at the same time as the Constitution. The first eight of these amendments list specific rights of citizens. Some leaders feared that listing some rights could be interpreted to mean that citizens didn't have other, unlisted rights. Toward this end, James Madison and others produced the Ninth Amendment, which states: the fact that certain rights are listed in the Constitution shall not be construed to imply that other rights of the people are denied.
Constitutional traditionalists interpret the Ninth Amendment as a rule for reading the rest of the constitution. They would argue that "Ninth Amendment rights" are a misconceived notion: the amendment does not, by itself, create federally enforceable rights. In particular, this strict reasoning would be opposed to the creation of any new rights based on the amendment. Rather, according to this view, the amendment merely protects those rights that citizens already have, whether they are explicitly listed in the Constitution or simply implicit in people’s lives and in American tradition.
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.
“Most Educated People of the Eighteenth Century, such as the Founding Fathers” - is a GMAT reading comprehension passage with answers. Candidates need a strong knowledge of English GMAT reading comprehension.
This GMAT Reading Comprehension consists of 5 questions and answers. The GMAT Reading Comprehension questions check the candidates’ abilities in understanding, analyzing, and applying information. Candidates can actively prepare with the help of GMAT Reading Comprehension Practice Questions.
Solution and Explanation
- To address the issue of "voting rights of women or minorities," the author cites academics.
(A) list Ninth Amendment rights that are unquestionably warranted.
(B) Show how shifting priorities can affect how people view fundamental human rights.
(C) make an argument for the modernization of the Natural Rights Theory.
(D) contest the traditionalist reading of the Ninth Amendment.
(E) support the democratic process and the rights of all citizens.
Answer: B
Explanation: The author of this quotation discusses liberal readings of the Ninth Amendment in the third paragraph.
Answer (B) has been given credit. These rights were identified by scholars as instances of liberties that modern Americans take for granted but which the Founders would not have acknowledged. In other words, "our ideas on fundamental human rights have changed as a result of the shift in priorities during the last 200 years.
- Both traditionalist and liberal constitutional academics concur that "Ninth Amendment rights" are important.
(A) take into account changes in cultural beliefs regarding matters impacting human rights.
(B) cannot be used as the foundation for judicial judgments.
(C) Our notion of who can and cannot vote as a result of
(D) are not spelled forth in the Bill of Rights expressly.
(E)Extend the Natural Rights Theory concept.
Answer: D
Explanation: Take note of how adamantly the two sides differ on the concept of "Ninth Amendment rights" as a whole. The liberals may argue for them, but traditionalists believe the term itself to be false. There would be very little that these two sides could agree on. Option (D) has been given credit. According to the amendment, it covers rights that are implicit in the Bill of Rights. Any right that is expressly specified in the Bill of Rights is not a "Ninth Amendment right," both sides would have to agree.
- What does the passage suggest regarding the right to "a trial by jury," which is protected by the US Constitution's Ninth Amendment?
(A) This freedom would be directly supported by the Ninth Amendment.
(B) Although the Ninth Amendment wouldn't directly support this right, it would support all the procedures that would enable people to exercise it.
(C) Trials that take place beyond the purview of federal courts would be subject to the Ninth Amendment.
(D) All legal proceedings that do not involve constitutional law would be subject to the Ninth Amendment.
(E) No right specifically mentioned in the Bill of Rights is affected by the Ninth Amendment.
Answer: E
Explanation: The Bill of Rights specifically mentions the right to "a trial by jury." As a result, the Ninth Amendment has no bearing on it. The Ninth Amendment solely applies to rights not specifically covered by the Constitution, which is its entire purpose. The right response is (E). The other responses that state that the Ninth Amendment upholds this right or otherwise applies are all false.
- According to James Madison and the other Founding Fathers, the Ninth Amendment reduces the federal government's authority by
(A)rejecting the idea that the rights outlined in the Constitution are all-inclusive
(B) granting citizens rights in all spheres not specifically covered by the legislation
(C) codifying a large array of rights that are enforceable by the government.
(D) safeguarding all rights based on the Natural Rights Theory in the text of the US Constitution
(E) ensuring that all citizens can cast ballots and, consequently, elect democratic leaders
Answer: A
Explanation: The correct response is (A). The Bill of Rights outlined specific rights, but Madison and others did not want this list to be interpreted as "exhaustive”. That is, as if there were no further rights that might be added to it. The first paragraph's justification for the Ninth Amendment is just this.
- The passage's main objective is to
(A) Identify the amendment's best possible interpretation.
(B) provide an argument for expanding the definition of human rights and their legal protection.
(C) compare an amendment's historical viewpoints to its current legal interpretation.
(D) Describe the purpose of the amendment and the ambiguity it creates.
(E) show how subsequent legal actions have twisted the founding fathers' objectives.
Answer: D
Explanation: (D) is the correct response. The last two paragraphs of the passage explore various interpretations of the amendment. This is because it lends itself to such radically different interpretations, which is why we can say it contains "ambiguity." The passage first gives us some background information about why the Founding Fathers believed this amendment was necessary.
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