Which brings up the essential question - if Congress passes an unconstitutional law, is it valid?
The law these days operates with blinders so severe they look like welder's goggles. As long as the immediately-previous legal link is remotely justifiable, the progression of law-creation proceeds unabated.
But we're at the point where the passengers are being ordered off the ship into the sea during a storm because theory predicts the ship will weather the storm better without passengers. All the t's are crossed and the i's are dotted, and the captain has the order in his hand - but no one is asking what the purpose of the ship is.
No