As I said above, I think the judge loses this one. I don't think the amendment makes the statute unconstitutional. But I'm not the one wearing the robe, so I could be wrong.
The bolded part is why I rarely express an opinion on here about legal issues. Most discussions are not related to criminal. Such as all the bounty issues superchuck was explaining. I would never try to explain any of that because what I learned in law school on those topics was forgotten once I passed the bar.