> when I see one Congressmen one-upping another on how we need to be "tough" or have "no tolerance" for this or that, I'm little surprised that our police and intelligence agencies act the way they do.

Puritanism dies hard. I'd say the constitution is working perfectly: the government we have is the one we deserve and one that really does reflect what this country, on the whole, wants. People in this country are still overall prudes who want harsh punishments, and that's what we've got. We don't need to fix the constitution, because that won't fix the root cause which is that our society needs fixing.