In your reading of the "History of the Constitution and Bill of Rights" did you think to contemplate Who's history you were reading.
Also you can go back one more historical document for some more refrence, The Declaration of Independance. It states that everyone has the right to Life, Liberty and the Persuit of Happiness. Also That to secure these Rights, Governments are instituted among Men, deriving their Powers from the Consent of the Governed
We also have the power to end such goverment if it becomes destructive to the people.
Judicial Activisim, I believe, is comming very close to infringing upon the rights of the people. When people lose their rights so that others can gain even more rights, that's well.... not right.