My question was a serious one. Why can't the AS laws be challanged on constitutional grounds?
What the Constitution means is determined by what the Supreme Court says it means. Almost from the start of this nation, certain things were curtailed, banned and criminalized and the SC explicitly agreed that it is within the Fed, State, or Local government's right to do so. Certain regulations needed to be changed, altered, or rewritten to comply with the Constitution, and many were completely struck down over the years, but curtailment of "freedom and happiness" is just a legal fact of life.
On the Federal level, many years ago FDA's authority to regulate drugs was challenged before the SC. The SC heard, reviewed and upheld FDAs authority. Likewise, the SC heard, reviewed, and upheld DEAs authority and has dealt with many controlled substance cases over the years.
Currently, one of the most interesting cases _expected_ to be brought to the SC's attention deals with search and seizure issues of some drug offenders. What is happening is that some of the arrested drug offenders' assets are being auctioned off even _before_ his or her guilt has been determined.
What usually happens is that an organization like ACLU will shop around for the "perfect test case" and then throw all their resources and support to launch a respectable judicial battle all the way to the SC.
Similarly, in determining which cases it wants to hear, the SC will consider whether a particular case has notable repeated impact on society, whether a given case is infact a good case/demostration of a particular law/constitutional concern, and whether the case will clarify or cloud existing legal precedent.
-wit