It's every bit as constitutional as theft<burglary<burglary of an occupied dwelling<burglary in possession of a firearm.
Uh...no it's not, genius. A firearm is a
physical object which can be unequivocally proven. Thoughts are
not physical objets and cannot be proven. How you don't understand the difference between a firearm and thoughts is stupefying.
Prosecutors consider motive in every crime they try. In most cases motive is an easy thing to ascertain. If some dumbass vandalizes a church or mosque it's more than simple mischief, if some nazi beats a random black, gay or Muslim person the motive is self evident. You act like this is a big thing when in actuality the bar is set pretty high to prove the hate crime enhancement in court and actual convictions are rare.
It is a big thing. It's a huge thing. Because it is literally impossible to prove. And our judicial system works off of proof. Not speculation. Which is why neither side is allowed to introduce speculation into evidence.
Furthermore, where is the value in tacking on "hate crime" if some "Nazi beats some random black guy" (as you say)? Assault is already illegal. Why do we need TWO laws for the same damn crime?!? It's double-jeopardy.