You are confusing "fairness" with "law" and the "Constitution".
The BoR is, legally, simply the first ten amendments to the constitution. The Federalists felt them unnecessary as the Federal government wasn't granted the right to restrict speech, arms, or to quarter soldiers etc. so they couldn't do it. The Anti-Federalists, in a last stand, demanded a BoR which the Federalists agreed to. The Federalists though were wary that the rights enumerated in a BoR might be construed to be the only rights to be retained by the people or states respectively - hence the inclusion of the Ninth and Tenth Amendments which, theoretically, are completely unnecessary (as the body of the Constitution doesn't give Congress the right to pass laws limiting freedom of the press, free speech, right of assembly, keeping and bearing arm etc).
If you are making the argument (poorly) that the Federal Government has far overstepped what the People ceded to them in the Constitution (as amended), you are correct. However NONE of that argument as to do with "fairness", it simply has to do with Congress et al exercising powers they were never granted by the people in the Constitution (as amended). There is not a single notion of "fairness" in the Constitution except that which is explicitly captured in it. Nowhere is Congress limited to passing "fair" laws nor are the Federal courts allowed to reject laws based on them being "unfair".
The Constitution, as amended as of October 18, 2016, is the supreme law of the land. Until an amendment is ratified (note that not all that were proposed for the what we now call the "Bill of Rights" were ever ratified), it has NO impact. Those of the original "Bill of Rights" that were not ratified, have no force - and if NONE had been ratified, they would have no force. Again, though, the entire BoR is superfluous. Exactly what some of the Federalists were concerned about has happened - pretty much the Federal Government is now allowed by the courts to intrude on most any right that isn't an enumerated right (or, one found to be in the penumbras by a creative court).
However, the Constitution clearly gives, in its body, a broad right to Congress to regulate interstate commerce.