Is that so bad? Think about it...just as many people believe RICO is unconstitutional. But the important thing is that it is and would be an open, out front direct political confrontation. No more back door action, no more sub-rosa.
They wanted this war, they pushed for it, lets open up the whole can of worms...once exposed it will take years and years to sort it out....all in the open and energies will be directed at sorting, not new sneaky controls.
Fix it or burn it down and rebuild.
"Quis custodiet ipsos custodes"