It's nice how you just flew past the first part, as for the second. The Supreme Court changes with every new Justice, and as such the interpretation of the Constitution changes. Unless you believe that Seperate But Equal is still right becuase the Supreme Court once said it so. Or that if you have a slave and they come onto free land, that they are still considered a Slave. Now yes Phone Tapping is illigal with out a Warrant, luckily now the FBI and CIA in their operations do not have to wade through the already clogged court system, and they have their own Courts they may approach to recieve a warrant. Doing so as allowed in the Patriot Act, does not violate Illigal Search and Seizure, but it does speed up the process and has allowed the capture of terror suspects that before would not have been possible.

Edit: Anyway debating this has taken away from work on the ASB RPG forum, work that should have taken minutes, took over a hour. So I have that and a Digimon Reunion post to get to, so I will probably not reply until tomorrow morning at the earliest.