Comment Re:How big is the problem really? (Score 1) 201
We can make an argument the framers would not have found it reasonable as well. Just look at how our courts function.
We have a formerly strong but at least still strongly worded 4th amendment that at the time it was written would have greatly inhibited spying. "The right to be secure in ones papers and effects" in the late 18th century left the state with following you around in public and asking people what you were up to without much ability to compel them answer.
The we have the innocent until proven guilty concept, and the beyond reasonably doubt standard; which again show the intent of our societies founding document was very much to ensure the rights of the innocent were protected even at the expense of letting the guilty escape punishment and public safety allowing offenders to go free if we were not reasonably certain they were really offenders.
So all the necessary for security arguments are fundamentally invalid because the very purpose of the organization "The United States of America" is to "Secure the blessing of liberty to ourselves..." Actions that infringement on liberty is incompatible with our national objectives. The "General welfare" argument does not hold either, look at the phrasing government is to "Promote" the general welfare but "Secure" liberty; the framers absolutely intended liberty to trump welfare where required.