While you are correct, the progs haven’t acted in accordance w/the Constitution up til now. Why would they change? They don’t care. They have the SCOTUS backing them already & w/2 new progressive Justices, any argument of Constitutionality will become moot. IMO.
They would love to get us so riled we demand a Constitutional Convention. Then our Constitution will become a document of positive rights to be parceled out via the Federal Government.
The progressive states can already enact a direct tax and I think they will. When we have 50% of the States doing something, how long before it is *deemed* “Constitutional”?
Eventually we need to eliminate the Supreme Court as just another failed government program.