Just because it's unconstitutional doesn't stop the government from doing whatever it wants to its citizens if someone thinks they can justify/get away with it. Government entities have a long history of doing what they want regardless of what the Constitution says. Sherman's March to the Sea, the interment of Japanese Americans, nuclear weapons testing in the Pacific Ocean, the Tuskegee Experiment, the MOVE bombing in Philadelphia, etc.. The Constitution is just pieces of paper. Its power comes from those willing - and able - to enforce it.