That smudge between "make" and "law". Was that an ink drop on the original? They are also trying to figure out why the Founding Fathers skipped from Amendment VIII to Amendment XI.
Penumbra?
Good point. But my opinion is Amendments IX and X don't appear in their government copy of the Constitution.
It probably makes little difference. The Supreme Court ignored those amendments this week in the decision concerning medical pot. If you follow their reading of the Commerce Clause, nothing you do is outside the reach of the government.