In the first place, the constitution, whatever it is, it is not law. That is because a law that has no enforceable penalty nor means of enforcement is no law at all. Bank robbery is law because it has severe penalties and means of enforcing. Otherwise, bank robbery would thrive if laws against bank robbery that had no penalty nor mean of enforcement because in effect that would not law.
Therefore, the government, including courts are not bound by the constitution. The follow the parts the wish and, although they may give lip service to it, ignore the other parts.
You're equating constitutional restrictions on government with criminal/civil restrictions on people, and I suggest that's not the same thing. The means of enforcement of the Constitution rests with the courts. There's no criminal penalty for when govs try to do something unconstitutional, and courts alone lack teeth to force compliance, but so long as court decisions of what is / is not constitutional are obeyed, the enforcement mechanism is in place.