Wiretapping without a warrant is unconstitutional?

Well, I think most people had decided that a long time ago, but a federal court ruled today that it is officially illegal and ordered the NSA to stop.

First, I'm glad that our 3-branch system still exists and that there are actual checks on the President (executive branch) by the Courts (judicial branch).

Second, I'm waiting for the ridiculous responses from the conservative side. The ACLU will surely give a wacky interpretation of the decision as well, seeing that they are the plaintiff in the case and they have a small tendency to exaggerate. Here is my list of predictable conservative responses:

1. "That program is legal" OK, not such a tough prediction since the Attorney General already said that in the article I linked to above, but it was predictable. However, as the court's decision has decided, it is actually not legal.

2. "Those activist liberal justices..." Just because they disagree with you does not make them activist. It is their job to interpret law. If the shoe were on the other foot, you'd want the judge to be activist.

3. "Liberals are helping the terrorists again." Well, I can see your point except that I think we need to protect the rights and freedoms that we are supposedly fighting for. I think the quote that Judge Taylor (who made the decision) used in the decision shows what I mean pretty well. Its from Earl Warren (another "activist" judge):

"Implicit in the term ‘national defense’ is the notion of defending
those values and ideas which set this Nation apart. . . . It would
indeed be ironic if, in the name of national defense, we would
sanction the subversion of . . . those liberties . . . which makes the
defense of the Nation worthwhile."

4. "Wiretaps help fight terrorists." Yep, but we could also shut down all travel outside of the U.S., close down all airlines, nuke the Middle East, and all of those would help fight terrorists but we don't do that. Why? Because that's going to far. Besides, this ruling does nothing to legal wiretaps done through FISA warrants. These are the types of warranted wiretaps that the British used to break up the most recent plot to blow up planes.

Look, I recognize the usefulness and need for wiretapping surveillance, but the Constitution says specifically that you need a warrant backed by reasonable cause. Its pretty clear. How easy is it to get a warrant.? According to this report, 1758 applications were made. None were denied. Sounds pretty tough.

Last comment. And this is more of a questions than a declaration of intent. If this ruling says that the President and/or NSA violated the law, shouldn't someone be in trouble? I'm really wondering.