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Re:US court rejects state-secrets defense in NSA surveillanc... by pekk on Tuesday July 09, 2013 @03:59PM (#6014987)
That isn't a legal constraint, it's a physical one.
Re:US court rejects state-secrets defense in NSA surveillanc... by dllthomas on Tuesday July 09, 2013 @09:19PM (#6016838)
Sure, but the founders didn't bother clearly deliniating all the physically impossible ways the government shouldn't be permitted to violate our rights. It is quite possible that something newly possible is a violation of rights we were supposed to have, whether specified implicitly, explicitly, or not at all.

At an extreme, the constitution says nothing explicit about brain control rays, but if we invent them I am quite confident in asserting that use should be deemed unconstitutional because of rights we should be assumed to have.