discovered in a measure punishing as a separate offense each act of
placing a letter in the mails in pursuance of a single scheme to
defraud.[15]

Notes

[1] 1 Annals of Congress 754 (1791).

[2] Ibid.

[3] 18 U.S.C. Sec. 371, 2385.

[4] Stack _v._ Boyle, 342 U.S. 1 (1951).

[5] 8 U.S.C.A. Sec. 156 (a) (1); 64 Stat. 1011.

[6] Carlson _v._ Landon, 342 U.S. 524 (1952).

[7] Ex parte Watkins, 7 Pet. 568, 574 (1833).

[8] 255 U.S. 407 (1921).

[9] Ibid. 435.

[10] 99 U.S. 130 (1879).

[11] Ibid. 135.

[12] 144 U.S. 323 (1892).

[13] Ibid. 339, 340.

[14] Weems _v._ United States, 217 U.S. 349, 371, 382 (1910).

[15] Badders _v._ United States, 240 U.S. 391 (1916). _Cf._ Donaldson
_v._ Read Magazine, 333 U.S. 178, 191 (1948).

AMENDMENT 9

RIGHTS RETAINED BY THE PEOPLE

Amendment 9

The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

The only right which the Supreme Court has explicitly acknowledged as
protected by this amendment is the right to engage in political
activity. That recognition was accorded by way of _dictum_ in United
Public Workers _v._ Mitchell, where the powers of Congress to restrict
the political activities of federal employees was sustained.[1] An
argument that the competition of the TVA in selling electricity at rates
lower than those previously charged by private companies serving the
area amounted to an indirect regulation of the rates of those companies
and a destruction of the liberty said to be guaranteed by the Ninth
Amendment to the people of the States to acquire property and employ it
in a lawful business, was summarily rejected.[2] Previously the Court
had upheld the right of the TVA to sell electricity, saying that the
Ninth Amendment did not withdraw the right expressly granted by section
3 of article IV to dispose of property belonging to the United
States.[3]

Notes

[1] 330 U.S. 75, 94 (1947).

[2] Tennessee Electric Power Co. _v._ T.V.A., 306 U.S. 118, 143, 144
(1939).

[3] Ashwander _v._ T.V.A., 297 U.S. 288, 330, 331 (1936). _See also_ the
language of Justice Chase in Calder _v._ Bull, 3 Dall. 386, 388 (1798);
and of Justice Miller for the Court in Loan Asso. _v._ Topeka, 20 Wall.
655, 662-663 (1874).

AMENDMENT 10

RESERVED STATE POWERS

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Scope and purpose