How is a new law justified in superceding the Constitution's?

Question

4th Amendment; if it directly conflicts with the principles that the Country was founded upon?

http://www.nytimes.com/2007/12/16/washington/16nsa.html?th&emc=th

Obviously the internet was not in existance when the Constitution was written; although there were many speculations in the writings of persons shortly after freedom was established--that addressed a point in time when this law may come under distinct scrutiny due to advancements in society. Unless there is reasonable concern for continual invasion of privacy--then any new law is still in violation of individual rights that are considered inherant.

When a law is in violation of the Constitution and others are willing to violate the said laws--both are in error?

Answer 1

Whether it supersedes the Constitution is a question for the courts. Congress has passed plenty of laws which have been found unconstitutional, and that's a major part of the process defining where the limits lie.

As the main question here is one of exempting companies from penalties if they cooperate with the government, I don't see how this law would actually affect the Constitution directly. It would possibly make it easier for the government to get that cooperation, but the amendment is meant to constrain the government.

If I ask a professional, licensed plumber to install a toilet with a six-gallon flush, can I really expect that he won't report who had it installed if the government asks?

I'm not saying I like the level of government eavesdropping here, or that I trust them not to use it for political purposes. But I don't see that there's a constitutional issue in Congress deciding that the companies who have already had their arms twisted by government spooks are not also subject to liabilities for giving in.

On the other hand, some are now known to have resisted. I hope they reap the benefits of more customer trust and more business.

Answer 2

Yes, especially if it will save an American's life, even your liberal a$$.