I'm pretty sure this law is unconstitutional by a plain and simple reading of the constitution, however in this day and age we have constitutionally illiterate lawyers* and statist supreme court judges so much of his arguments were overruled by the Supreme Court. However the final arbiter of the constitution is not the Supreme Court but the people.


* They don't teach how to defend the constitution in law school, they teach about court decisions written by government employed judges that have subverted it. This is an example of the curse of knowledge cognitive bias, when knowledge of a topic diminishes one's ability to think about it from a less-informed (but more neutral) perspective. Knowing about the hundreds of cases where judges and lawyers have twisted words around to weasel the State out of having to follow the Constitution biases them towards a plain and simple reading of it. The Constitution is a social contract by the people to limit the power of the government and as such, a plain reading that is understandable by the people is the only reasonable way to approach it.