That is indeed my argument. In a democracy anything is possible if the people vote for it. However we need to make the actions of elected officials public. For example while I personally oppose the NSA's warrantless wiretapping program, I would've been less angry (and more sad) had it passed through congressional means with an open debate the public was aware of.

I also do not think that violating (whether it be through amendments or other actions) the constitution's intent is inherently immoral, as the constitution has little, if any morality built into it.