That's all well and good but can be changed on a whim at any time. There's a pretty big difference between "legal" and "illegal, but we won't bother to enforce it". The latter is regularly abused.
Which is on a regular schedule, and subject to all manner of political gamesmanship on what is and isn't included in it. It's not as reliable as an actual distinct law, in other words, and can't be treated as such.
