President, as envisioned by founders, should barely even matter outside of war.
Whether we have adequately updated the constitution along the way to cover the new realities is a valid question, but governing by just what the original founders wrote doesn't have a great track record either.
How would you square the 14th amendment’s equal protection clause with enumerated powers?
CRA also expressly allows racism unlike the 14th. For instance the civil rights act allows a business to preferentially treat an Indian in a near reservation (but off res) business while outlawing discriminating say in favor of blacks near a historically black neighborhood.
If the 14th had actually worked then the Civil Rights Act wouldn't have actually been needed, but there is a lot of hard evidence that it, or something like it, was needed.