[dragonwriter]

> The NSA programs are either constitutional or not.

The idea that constitutionality, or any other question of legal interpretation, is a matter of objective fact which has a clear, crisp, true or false answer is, while a comforting illusion, not at all even remotely true.

[blueprint]

Whether or not warrants were obtained for their activities, is, however, an objectively verifiable boolean fact.

[mpyne]

Sure, but that doesn't help you either, as there are many other precedents besides NSA programs for situations where the government can compel a search without a warrant. This is permitted by that pesky little word "unreasonable" in the Fourth Amendment.