Funny how the Constitution always seems to evolve right in line with the political ideology of the majority of the court. At this time, no branch is more political, or powerful, than the judicial branch.
I would say the problem is more "many citizens"who also believe this.
Take for example seat belt laws and anti-smoking laws.
If the U.S. Constitution has jurisdiction within your state, such as Missouri's Constitution allows, then any such laws easily violate Amendment IX, but the citizenry supports such laws because the founding fathers could not anticipate automobiles or cancer and amending the Constitution takes too long to accomplish.
The primary reason that the Constitution isn't a "living" or "evolving" document is that most of the articles apply to human nature, not political convention.
It is in the nature of humans to attempt to establish dictatorships; we've seen it countless times since humans first appeared. The language in the Constitution is an attempt to control that dark ambition.
But for all the tireless work and effort set forth in the development of this great document, the Founding Fathers had no idea that the population of this country would squander the gift they left for us. I would wager that the idea of a people that failed to cast an informed vote in each and every election was a concept so alien to them that they wouldn't have accepted the possibility even if it had occurred to any of them.
Our failure to get out and vote intelligently is what led to the appointments of these power-mad justices and judges. We get the government we deserve, because when we regular citizens let someone else get out and vote, it allows liberal socialists to - little by little - take over. And it ain't gonna change until we learn our lesson and get off our duffs. And even then if it isn't too late.