South Bend Seven helped me think through the more general point I was trying to get at in this post. I am simply sick of the incessant whining from this administration that it's too hard to get legislation through Congress and that difficulty justifies the Administration to start unilaterally exercising legislative powers via executive decree and the stretching of numerous regulatory authorities.
But here is the deal - its supposed to be hard to add new laws and, particularly, to expand the power of the government. Hard, but not impossible. Even when something is ruled unconstitutional, there is a mechanism to amend the Constitution. In fact, we have actually done it 27 times. But nowadays we don't even want to bother. We have Presidents of both parties that just invent new executive powers and who put pressure on the Courts to agree to broader and broader Federal powers.
I am not sure we will ever have another Constitutional Amendment in my lifetime. Already at 41 years since the last one (not counting the odd 27th amendment) this is the longest span in history without an Amendment being passed. We just can't be bothered to do things the right way. Don't believe me? Does anyone believe that if the income tax was invented today, anyone would bother with its Constitutional issues and decide an amendment is necessary. Or even more telling, in 1917 we honestly believed a Constitutional Amendment was needed for the federal government to regulate and ban alcoholic beverages. If that's true, where is the amendment that is required to ban marijuana, cocaine, or heroin? We dond't bother with one, because by the time we regulated these substances we had pretty much abandoned the concept (written into the document in several places and reiterated in the 9th and 10th amendment) that the Constitution conferred enumerated powers. Because that just made it too dang hard for politicians to exercise more and more power over us.