A whole lot more of what the Federal government does is, in fact, unconstitutional. Yet, the 9 members of the Supreme Court, with its activist judges, refuse to strike down these laws.
JoMa
And too many fair-weather conservatives are afraid to say that a whole lot of what the Federal government does is, in fact, unconstitutional - because they don't realize that "winning" elections by abandoning your principles is no "win" at all.