I feel like there's something you're trying to get at with this question, but I can't figure out what it is. I haven't looked at this legal issue closely at all, but I wonder if perhaps the passage that they tend to cite more just happens to be the most relevant one. I am confident that all courts recognize the Third Amendment to the United States Constitution, but the need to cite it does not come up much anymore.
Also, sometimes lawyers who want to make a point in their writing will cite the passage that they always use in that situation, without looking to see if a different citation would be even more topical. Perhaps judges are that way as well.
Other than your obviously rhetorical question, is there really a question? Are you trying to obtain help for a school / academic lesson? Or is there some other issue / concern that is the real focus but not stated?
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.