Agreed. But that's why people say a solution is unconstitutional. Aconstitutional or non-constitutionally prescribed are more accurate, but harder to talk about, because we first have to acknowledge that we already failed to perform within the constitution.
That is only a perceived problem.
In reality the Constitution is carefully designed to be a document that spells out what gov CAN'T do. It is a RESTRICTIVE document only.
It was never designed to be a complete recipe book and instruction manual for everything that everyone MAY, CAN, SHOULD, or MUST do.
Agreed. But that's why people say a solution is unconstitutional. Aconstitutional or non-constitutionally prescribed are more accurate, but harder to talk about, because we first have to acknowledge that we already failed to perform within the constitution.