Of course not. They'd have to admit it covers all private, peaceful activity that does not initiate force or fraud against another and thus violate the equal rights of others.
Many also don't see how the 9th an 10th work together:
Amendment IX.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Clearly, this says that the rights people possess are not just what is stated in the BoR. Of course that true. Jefferson and Hamilton, and others, were afraid people would think that only rights listed in 1-8 were actual rights. Their fears were founded in the regonition of human nature and were correct.
Amendment X.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Some people read this and think its talking about rights. Its not. Its about powers. And as you correctly stated earlier, there are some issues that no level of government can be given the power to make decisions on. People actually have limited "powers" as powers are what are given to government. People retain ALL rights. The power to protect those rights is partially given to government. I say partially because obviously every individual has the right to self-defense.
This is the way I look at it. Righst exist exclusive of government. Governments eitehr choose to recognize the rights, or they choose not to. Regardless of laws or edicts, the rights still exist.