The argument is not that a photo-enforcement mechanism couldn't be structured to abide by US law. The issue is that, thus far, the only attempts have run afoul of foundational elements of our legal structure because the towns/counties who have tried have tied the photo-enforcement tickets to the existing criminal statutes about driving.
If it were a civil infraction, with no license points, they'd have a better standing, but nobody has bothered to take that path.
This is trivially circumvented via "attach fine to car" and "driving in a car with fine attached is illegal." (AFAIK that's how it works in Ukraine).
End result is the same.