Who decides what's "clear"? And what would you have the punishment be, exactly? And who gets to decide which of the minimum 269 individuals had the necessary me

Who decides what's "clear"? And what would you have the punishment be, exactly? And who gets to decide which of the minimum 269 individuals had the necessary mens rea? And do you really want to criminalize people having different opinions on what is Constitutional? Are you prepared to start punishing voters who approve state referendums that are held unconstitutional? Why not?