Uhm.Just b/c 9 people in black robes, who can't agree on anything say it's Constitutional, doesn't make it Constitutional, moral, or the way a free society should be.
Yes.
Yes, they do.
Like the very definition and context of things, yes, 100% that is exactly that makes things constitutional or unconstitutional.
There's not even a defense you could possibly make against this.
You're just... wrong.