...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The USSC has only been able to avoid tossing this entire body of law out by carefully restricting what it is willing to consider regarding the matter. Congress has the ability to take it out of their scope (Article III, Section 2) if they continue to do so.
An accurate and coherent picture of the evils resulting from this kind of thing will need to be beheld by the American people at large, and they will have to care about it too.
The good Lord help us. Personally I think the whole idea of even using it to dampen down clandestine street drug trade has got bad problems. The interdiction rate is pretty dismal, about 10% for marijuana. Police may not even WANT to see people convicted that they can “tax” instead. If sending a lot of dealers to jail kills the golden goose for them, they won’t want that.
This is an exercise in building little private kingdoms in the name of looking like something is being done about a problem while not doing very much about it.