Well back when the government actualy worried about the constitution they found the way around consitutional amendment.

First it was after prohibition spawned crime gangs like Al Capone's and they decided they had to get rid of machine guns, that were perfectly legal then.

They couldn't buck the 2nd emendment, but they could control commerce so they made a tax act, placing a tax on machine guns that you have to pay and process to buy a machine gun. To this day you can buy a machine gun if you do th paperwork and pay the tax.

The drug prohibitionists also didn't think a ban on pot would pass the constitution, so they borrowed from the anti gun folks and passed a tax act, requiring a tax be paid for possession, but refused to actually sell the stamp.

All perfectly constitutionally legal.

Sometime afterward we got the controlled substances Act I believe that made the tax act redundant.