CONgress, as it always does, likes to make laws and all kinds of messes for the people. I don't think that SCOTUS weighed in on this at all. All of it is simply and precisely unconstitutional. When the people don't know what that document says (and our public servants come FROM the people), we have a downward spiral on oversight and knowledge of what their jobs entail. Any lack of understanding can be remedied by consulting the Ratification Debates--all of the discussions, arguments, etc. during the formation of the Constitution were faithfully documented.

The gentleman who is steeped in the Ratification Debates is G.R. Mobley. Hit up his website, reclaimingtherepublic.org for the DOT First Amendment petition and so many more. A number of folks in the US have helped write the petitions--I've helped in editing some of them--they've now begun presenting them to the County Supervisors in Iowa (not sure what county). Before each state became a state, the people sent their delegates to the Capitol. Do you see the order of that process? The people made their counties which created the states. WHO IS THE BOSS OF WHO?

Thanks for reading what I commented. I hope you are hungry for more. They usually have a weekly StartMeeting. It gets me very excited to see this happening.

Edit: People seem to consult the Federalist and Anti-Federalist papers and think that the answers are in those papers. The Ratification Debates are where the treasure really is. He has a lot of podcasts archived there. Amazing, amazing information!!!!