It was never a problem until recent years when it been abused to justify most anything. Look how some of the legal beagles try to "interpret" clear!y written amendments like the 1st or the 2 nd... Or the commerce clause. Schemers always scheme. There is no way to stop them other than applying original intent, which has become a dirty word in today's law schools.
If the Constitution can mean anything that feels good at the moment, then it means nothing.
It was a problem back in 1948. That was when it was used to strip religion out of public schools. You may or may not agree with this usage of it, but the fact remains, that was not it's intended purpose when it was written.
That was a judicial overreach caused by a bunch of Roosevelt appointed Kook judges... and the horrible and overreaching manner in which that terrible amendment was written, and the vile and coerced manner in which it was passed.