James Madison actually argued against having the Bill of Rights in the Constitution. He warned that it could be abused to attempt to establish that the States and the People only have those rights explicitly enumerated, and the federal government all powers not explicitly denied.
Kind of sad that it comes to pass here.
When I read your posting I thought of Franklin’s response to a woman asking about what sort of government had been created...”We have given you a republic...if you can keep it!”