Just because pompous asses can get themselves appointed to the SCOTUS....does not make them correct....take for example Marbury vs Madison or the Dred Scott decision for examples of despotic rule of law.
Speaking of Dred Scott v Sanford. It is a delightful case where the Court allowed itself the luxury of determining who exactly is a "person" who enjoys the protection of the Constitution and who does not. In that point, it is in the same mindset as Roe v Wade.
But I would encourage people to read the majority opinion of Dred Scott. It is easily found with Google. For example, here:
http://www.tourolaw.edu/patch/Scott/
Even though the Court was going to justify ruling that blacks slaves who had escaped their masters were "property", they did so in the (otherwise plain) light of the text.
The unquestioned Right to Keep and Bear Arms was a component in their decision:
(from the opinion)
"Nor can Congress deny to the people the right to keep and bear arms, nor the right to trial by jury, nor compel any one to be a witness against himself in a criminal proceeding."
If this be the case, then free blacks who were able to enjoy the benefits of the Constitution might (gasp!) be able to travel freely and keep and bear arms!
Well they didn't say it so directly. The majority wrote:
"...It would give to persons of the Negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. "
We are more sophisticated today. We can grant Negros full civil rights with the right hand and take away selected rights (such as the right to keep and bear arms, and with Kelo, the right to property) with the left hand, not only for Negros, but for every class of person we care to affect.
Anyone who ignores or forgets that the Constitution was meant to limit the power of government over the lives and affairs of free citizens, who were free to do anything they pleased, of course they will view the Constitution as a Document that gives rights. Once it gives rights, those rights can be interpreted away. This is why the Ninth and Tenth Amendments were murdered.