None I would say. The legislative makes the laws and assumes the executive won't enforce them if they're bad and/or the judicial will throw them out if they're not constitutional. Of course, plenty of things that are obviously unconstitutional don't come before the court for years if ever so they can't be struck down.

Genuine question: how many idiots write about "unconstitutionality", without offering analysis? Its that much worse when said idiot is writing under the guide of Lawyer and Law Professor.

"Unconstitutional" has a very specific legal meaning. Its a shame that Mr. Barnett didn't feel like explaining himself on this matter.

I've got a thread of discussion here on my thoughts: https://news.ycombinator.com/item?id=6032777

It is clear to me at least that the program is legal and constitutional.