The constitution doesn't provide a "common sense" loophole. Much of it is written in absolutist language because that was the actual intention. The amendment process is provided to open "common sense" loopholes if everyone agrees they are common sense, not for the courts to gradually erode the language until the federal goverment is doing things the founders explicitly fought the revolutionary war over.

Put another way, Writs of Assistance, were perfectly legal common sense way for the British government to assure their customs laws were being enforced, and it was one of the more significant drivers of the revolution.