@cicerone imposter,
You are still in a bind between the two you object to.
Furthermore, the constitution does not provide us with the assurance of privacy. The fourth amendment provides us with the assurance from unreasonable search and seizure. I don't pretend to knowledgeable enough to know how US surveillance system will ultimately be judged by the Supreme Court. If they judge it to be lawful, then it will be, after all, the courts are "all we have." If they don't, then it won't be.