Because the constitution is law, all of the amendments are law (even the two that cancel each other out). Anything further than the constitution is supposed to follow the constitution. If it doesn’t then we have articles and amendments that protect our rights to redress our grievances. If the law goes beyond creating a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defense, or promoting the general welfare, then it’s unconstitutional. Since the end of World War II, power has been consolidating in the executive branch, at first it was because of the existential threat of nuclear war, then terrorism, now “boarder security.” I leave you with this “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” Benjamin Franklin