Other recording devices do not constantly record on their own
Yeah, lots of them do. Your phone probably does, unless you have Siri/Google/whatever turned off. So do your Echos, Homes, Alexas, OnStars etc.
Anyway, I doubt any of the laws say anything about "constantly."
Here's California's:
A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished
Nope, no "constantly" at all. There is an "intentionally" and a "confidential" though.