So, it only matters that it be ENFORCEABLE, never mind it being Constitutional....Unless it border\immigration\etc.
Banana Republic. Got it.
Finding it unconstitutional did not happen because it was never tested in court.
It was never tested in court because it is a dead letter. The law is a nullity the way it is written. It requires what cannot be required. The unconstitutional part, I suppose, occurred when the FBI said that as a State government, you cannot force a federal agency to do what you want.
Separation of powers, basic federalism.