Eghad, that is why my suggestion is to hit them with Constitutional Construction (I don't think we have the 5 votes to overturn Wickard, and the cases stemming from it - See Raich). Whatever the BOR may or may not protect, it surely overrides Congressional powers (Art. I Section 8) as regards legislation that abridges or infringes those amendments. If they don't, then there are no restrictions upon the Congress (and the Government, in general) at all (as Thomas summarized in Raich).
We have a lot of 1st amendment case law that does this, without ever saying this. That's what must change. The Courts need to recognize that whatever powers were granted, were then further restricted by those amendments.