The republic survived for 100 years with slavery being legal as well. Even longer with women not having the right to vote. Societal norms change. Does anyone think that dogfighting would have warranted a federal indictment in 1790?
I don't think the founding fathers envisioned the telephone either, but that doesn't mean that the 4th amendment doesn't apply to the government eavesdropping.
Probably not. But what was the mechanism by which slavery became illegal, woman gained the right to vote, and dogfighting became illegal and what was the mechanics by which once-obscene and illegal pornography became legal? There is a big difference between legislative means (which come from the people and reflect actual societal norms) and judicial fiat. And if you watch that PBS Frontline show that I posted a link to earlier, you'll see that the changes during the Clinton Administration came about because they simply stopped prosecuting cases that the courts had consistently supported as legitimate obscenity prosecutions.
Seriously. Watch that show and read over the supporting material on the web site. See what changed, how, and why. It bears little resemblance to the banning of slavery, giving women the right to vote, or the banning of dogfighting.
I don't think the founding fathers envisioned the telephone either, but that doesn't mean that the 4th amendment doesn't apply to the government eavesdropping.
It doesn't mean it does, either.