If something is unconstitutional, but nobody complains about it, its constitutionality or lack thereof is largely moot. When things get so bad that even Democrats start complaining, that's a sign that things might get held in check.
Personally, I would suggest that if Senator Bryd is really serious about his statements, he should request that the House draw up articles of impeachment. I would think that for a Democrat to do such a thing would draw some attention.
Last I heard, Senator Byrd was in the hospital, dying of some nasty bug? Not sure he will be able to pick up this mantle. I hope there are some others who will be willing to...