Everything is a constitutional issue.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
But then there is the equal protection clauses, which if broadly interpreted could mean that many things that our government does or wants to do would be considered unconstitutional.
U.S. Constitution
The Fifth Amendment's
Due Process Clause requires the United States government to practice equal protection. The
Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of
civil rights.