The Ordinance passed constitutional muster several times before Taney saw fit to butcher it seventy years after the fact!
And how many times did Plessey vs. Ferguson stand up, before Brown vs. Board?
And U.S. vs. Miller has been on the books since 1939, a truly landmark case argued against a brief sitting on an empty appellee's table, Presser vs. Illinois since the 1890's, and the impenetrable Cruikshank decision that Presser rested on, since 1875 or 1877.
Sometimes it just takes a while.