Are you really asking if being unconstitutional is worse than being codified and legal?
I’m not the one here cheering for demise of constitutional republic…
I’m not the one here cheering for demise of constitutional republic…
I am seriously asking whether being flat-out unconstitutional is worse than building a (legislated and approved) backdoor around the constitution, yes.
I mean, better than both would be to just follow the constitution, but that wasn't the question.
As you noticed, following constitution is apparently not an option here. Being unconstitutional and ignored, there was at least some hope for improvement, but codification gave us a clear answer that elected representatives are, at best, only selectively interested in supporting constitution.