The last 120 years or so of constitutional law disagree with you, since at least US v. E.C. Knight in 1887. If you would like to discuss what the law should be, I am game - up until this point, I have been discussing what the law is.
Bad precedent is still bad.
"up until this point, I have been discussing what the law is"
Oh I'm fully aware that there have been words written down by judges that support your view.
But judges are neither the sole nor final arbiters of the law or the constitution, so I cannot agree that that is what the law is. It is merely a long-standing usurpation.