It shouldn't. The universally understood intent of the Framers should stand against your desire to have the federal judiciary rewrite it.
"The whole of the Bill [of Rights] is a declaration of the right of the people at large or considered as individuals... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of." - Albert Gallatin, October 7, 1789
It's your Judicial activism that attempts to turn this on it's head.