"The Patriot Act is flat-out unconstitutional"
How so? Explain how it differs from things like the prior approved methods involving organized crime? If you can.
Just because certain "prior approved methods" have been done for decades doesn't mean they are constitutional either. For example, Roe v. Wade is now "settled law", but that doesn't mean it's constitutional.
The Constitution is VERY specific on the crimes that the federal government can punish: treason, bribery, counterfeitting, offending the laws of nations (which includes dishonoring the flag of truce, mistreating prisoners of war, etc.), denying people the right to vote based on race (15th Amendment) or sex (19th Amendment, if I remember correctly), & possibly a few others.
But the fact is that these crimes are LISTED in the Constitution...we can't make them up as we go along just because we think it's the right thing to do or because our "safety" would be threatened if we don't use them, & we can't add to the # of crimes w/o a constitutional amendment. Unril an Amendment is added to the Constitution, it is an issue that is left for the states to deal w/ (10th Amendment).