Earlier quoted context omitted.
The word prosecution aside. Who rules on the outcome and enforces it? The state.
The state enforces property rights too. Let's say someone won't let me build a place of worship on their land. Is that a "first amendment violation but with more steps"? You could make any instance of "government upholds the law" into "constitutional violation" that way. A ruling in a civil court is very obviously not a prosecution. Because prosecutors can't, by definition, make rulings. https://news.ycombinator.com/…
A ruling in a civil court that is enforced by a government is the same thing as the government ruling it, but through transitive properties. It can't be not enforced and enforced at the same time (the argument that civil is somehow not judicial).
In reality we are just griping that our government is too pussy to amend the constitution, and we've already written laws that subvert it, and those are being upheld by a corrupt/politicized supreme court and bullshit case law.