Frank Ettin will probably respond to this line of thought with an argument based on case law, vs theoretical Constitutionality. With all due respect to Frank (and make no mistake, I respect and like Frank, and generally agree with him across the board), I have to tweak him a little.
Actually, I'll let Charles Dickens tweak him for me from Oliver Twist
Mr. Bumble is informed that
"the law supposes that your wife acts under your direction". Mr. Bumble replies "If the law supposes that ... the law is a [sic] ass—a idiot. If that's the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience."