So after he's been elected, will you be joining all the other CDS demonstrators marching back and forth in front of the White House, wearing a billboard over your shoulders declaring all of your "legal" reasonings why he shouldn't be in there?
Why would I do that?
Why should I think that my opinion really matters to those in authority? — Especially when such authority has been quite adamant against all my other opinions? Like the commerce clause and War on Drugs, those in power have very, very little incentive to reduce that power, and indeed all experience shows that they are inclined to transgress limits to attain more power.
We see this in how Congress constantly wrings its hands over constitutional violations but does nothing to reign it in [e.g. NSA] — we see it in the USSC’s dismissal of Prop 8 [where they essentially declared that the state supreme courts could not rule on standing] — we see it in the executive where “RESPECT MAH AUTHORITAH!” is the justification for things like the DEA and BATFE
The only way that any meaningful limitations are going to happen is via Article V, or by the barrel of a gun.
That’s the reality of the situation.