I guess that's where we part ways: 'cuz as far as I'm concerned, NOTHING in the Constitution is negotiable--the 9th & 10th Amendments are being blatantly ignored, but IMO they carry just as much weight as the 1st & 2nd do.
I'm not a libertarian. If you go to extremes then all federal laws are illegal for 200 years worth that aren't amendments.
It's not the case, and I feel sorry for you libertarians that feel that is such.