OF COURSE its unconstitutional. However, I don't see the point of even debating it. It's like when people got super excited that citizens were suing the NSA to obtain this data as if there were anything other than a 100% chance they would be denied.

There are a few possible outcomes to this debate:

-The NSA says, sure, its unconstitutional, but that wont stop us from doing it.

-The NSA continues to deny/lie about what they are doing with the program.

-The NSA appoints an oversight committee with no actual powers to make sure they "don't continue to do the same thing"

-No comment, forever.

Any of those options mean that the NSA keeps doing the same thing, tells us to STFU and we realize we have no recourse. I hate to say it, but it seems like this debate will have to end in violence or it won't end at all. :\