Of course the constitution must be followed, but it only protects against the federal government. What I am speaking of can be done in individual states, and has, as long as their constitution permits it.

Now, the constitution does garuntee curtain rights. However, when an action interferes with the rights of others the Government can then ban the action, as long as the majority of the people agree. This is why Murder is illegal, and robbery. This is why Slavery was not outlawed in the Constitution until the majority of the people accepted the abolition of Slavery.

For any law to pass all you have to do is convince the court that it should be passed. Similarly, to get a law repealed all you have to do is convince a court that it whould be repealed. However, when the majority of the people believe a certain act should be banned, the likely hood that the court will agree is much higher, as is the chance of convincing them.