The penumbral areas of the constitution are not a recent creation. The drafters of the constitution realized that the needs of society evolve and change with time. Consequently the Ninth Amendment was added to clarify that the rights and liberties expressly mentioned in the constitution were not exclusive of other rights and liberties. The Supreme Court simply gave it a name...fundamental rights...penumbral areas. Fundamental rights in the penumbral areas are rights that are deemed basic to accomplishment of the express guarantees.

I think you may have missed the point with the auto insurance analogy. Regardless of whether it is the auto or individual insured...privilege...operation of the vehicle...the fact remains that insurance is an area subject to government regulation. It has been for years. Had the state insurance commissioners done their jobs there would have been no need for federal healthcare reform.