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The U.S. Supreme Court "feels foolish" to say NSA snooping is unconstitutional... because they don't know the risks of "this NSA stuff."
Justice Scalia says his first career wire-tapping case was constitutional. It was never an unreasonable search and seizure… because it did not pertain to a person, houses, papers, and effects. Later in his career, wire-tapping was addressed again… and it was deemed unconstitutional (1:00 to 3:20 minute marks).
Now, Justice Scalia says the Supreme Court is not the agency to decide if NSA snooping is constitutional or not.
From the 6:00 minute mark, Justice Scalia says, "I mean your person is protected by the Fourth Amendment but as I pointed out when you board a plane someone can pass his hands all over your body... that's a terrible intrusion, but given the danger that it's guarding against it's not an unreasonable intrusion. And it can be the same thing with acquiring this data that is regarded as effects. That's why I say it's foolish to have us make the decision because I don't know how serious the danger is in this NSA stuff, I really don't."
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