McCain-Feingold is also unconstitutional but the Supreme Court gods didn't see it that way.
So we are stuck with legislation that may not be constitutional but it stands until it is ruled unconstitutional BY the Supreme Court. The Legislative Branch is not prohibited from submitted such law, the question is only whether it will stand.
What difference does all this make?... He is still a funny... just "posturing" for political convenience... That is what WELL PAID ** CONSULTANTES ** Suppose to do!... Transforming him into an "Altar-Boy."
The questions is... Are we so stupid as to buy it? :)
MF is not unconstitutional. Congress is explicitly empowered to regulate federal elections. It is also one of the most ineffectual and easiest to get around laws I have ever seen. BAD law and unconstitutional law are not the same thing.