Uprecedented? They've been doing it since FDR. Almost the entire Federal government is unconstitutional by now.
And yet if we ran strictly by the constitution, we'd fall apart, go figure, we need to change things and expand things simply to exist as a single entity/nation.
Then there is no law, you have no rights, and the government can do whatever the hell it likes to you.
In theory, perhaps. In practice, no.