Are you saying that every law that isn't specifically enumerated or spelled out in the Cons ution is uncons utional?
As of THIS MOMENT, the law has determined that certain programs are LEGAL. That, in effect, makes them cons utional, unless challenged in a court of law. Do you disagree?
(You can certainly argue that something is uncons utional, as I did with warrantless wiretapping. However, until it is actually CHALLENGED, then it is legal by default as long as it does not cross any existing laws.)

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