What's even more damning is that there's no interest in resolving the contradiction. If this had been discovered during a murder trial where there was overwhelming evidence of guilt, and simply a jurisdiction loophole, I'd be sympathetic to saying "let's just sweep it under the rug". But if it's known and the response is simply "eh, well if it happens we'll just ignore the constitution because 'common law'", that really reduces my respect for what the law is.
So why not change the law when there's an obvious loophole?
I expect the answer with this sort of thing is that there are a lot of people in Congress who would roll their eyes and say that they have better things to do than screw around with some weird legal edge case that has basically never actually been a problem. And they're not necessarily wrong.