But the Constitution did not change.
Do you think it would be a wise use of antiterrorism resources to fill out FISA warrant applications for an endless stream of prepaid cell phones? Or should we sic the NSA survelliance apparatatus to run down plots discussed on those phones?
The CIA's been tracking cell phones with no problem. Bush just got lazy and decided the Fourth Amendment didn't apply to him, and Republicans would rather wipe their rear with the Constitution than bruise another Republican's ego by reminding him this is a nation of laws.
The Constitution itself recognizes that things are different in wartime - habeas corpus, for example, can be suspended during times of war or insurrection. And long-standing and recent court decisions typically defer to executive powers in times of war.
The CIA's been tracking cell phones with no problem. Bush just got lazy and decided the Fourth Amendment didn't apply to him, and Republicans would rather wipe their rear with the Constitution than bruise another Republican's ego by reminding him this is a nation of laws.
Once again, it isn't about tracking cell phones. It's about getting to the content of the calls between terror groups and people in this country.
And I find your insinuation about using the Constitution as TP in this matter to be highly ignorant. The Constitutional considerations are far more complex than your simplistic concepts can begin to grasp.