[kesg]

The problem I have with both of these sentiments is that if the things that the PATRIOT Act "allows" (I use the term tentatively) are already allowed by the Constitution, then why do we need a PATRIOT Act?

Because Congress has the power to declare certain types of searches to be reasonable or unreasonable, or to regulate the procedure for such searches.

[inquest]

Because Congress has the power to declare certain types of searches to be reasonable or unreasonable...

Don't think so. See my exchange with mrsmith.

...or to regulate the procedure for such searches.

The Constitution already regulates such procedure. Everything else is interpretation, which the job of the judges.

[mrsmith]

In my rush I didn't ping you to my reply #119.

The quote is from a letter of Madison's in 1834 after most Constitutional questions had been settled- and he'd been there to see it all.
Today the Branches of our government still hold the same respect for each other's interpretations. Any Supreme Court opinion on the constitutionality of another Branch's act will include remarks that reflect these words of his.