You make an interesting point that I had heretofore not pondered.
You would think that the very language of the Constitution that you mention would serve to remind the robed-but-naked courtroom emperors that the role of law-making belongs exclusively to Congress and the President.
After half a century or more of judicial activism, it’s too much to expect the courts to go back to their constitutional role. They’re having too much fun making up the rules for everyone else.