1. "Secret courts". The Foreign Intelligence Surveillance Court is the very court whose sole purpose is protecting the rights of Americans under the law and the Constitution in the context of foreign intelligence collection. Secrecy is required for the conduct of foreign intelligence, even in free societies. That you may disagree with this does not invalidate this fact. That you may see 3-4 pieces of a 1000 piece puzzle and believe you have the full picture does not invalidate this fact.
2. "Spying on everyone". Not sure what you mean, but if you could possibly be referring to metadata collection, that has been affirmed by a Supreme Court ruling that is 35 years old.
And if even the US Supreme Court ultimately renders the phone metadata collection "unconstitutional", it won't mean that it was unconstitutional, or even is unconstitutional at this very moment. The program, to date, is factually lawful and constitutional as the law and existing case law stand -- even including Judge Leon's ruling, which he himself immediately stayed, and was countered by another federal ruling of the same standing.
What an unconstitutional finding would mean is that things aren't the same as they were in 1979: that, with the rise of digital communications and the ability to track not one, or dozens, but hundreds of millions of call records easily, and because large amounts of metadata can often reveal as much private information about a person as communications content, the balance now runs afoul of the reasonableness doctrine of the Fourth Amendment.
And that would be a perfectly valid finding...which does not in the least impugn NSA's purpose or motives. It is not NSA's job to second-guess the law, case law, both houses of Congress, two Presidents from opposite parties, the Attorneys General of said two Presidents, the courts, and the very court established explicitly to protect the rights of Americans under the law and the Constitution in the context of foreign intelligence collection.
It is NSA's job to conduct its missions as aggressively as possible within the law and its resource limitations. My personal prediction is that, because of the nature of modern digital communications, this kind of mass collection of metadata will be found to be unconstitutional. The interesting thing is that people who think it is "clearly" unconstitutional seem to think things are innately or inherently constitutional or unconstitutional, ignoring incredible and fantastic complexities that already exist in interpretations of the Fourth Amendment, to say nothing of the rest of the Constitution and Bill of Rights.
Things aren't magically constitutional or unconstitutional. They are so based on the application and interpretation of the law and the Constitution by the courts, even in the simplest of circumstances. Certainly basic rules applying to things like, say, vehicle or home searches are well-tested and the officials who implement them (e.g., local LEOs) are well-versed in these topics. But when there is a question, it is the courts that decide -- NOT individual peoples' whims, feelings, or opinions.
The current, indisputable fact is that phone call metadata, as a "business record" provided to a third party, does NOT have an expectation of privacy and is NOT covered by the Fourth Amendment. There is no gray area, and that case law, as embodied by Smith v. Maryland, applies just as easily to one phone call, as to 10, as to millions. Certainly in 1979 SCOTUS never imagined that this principle could be applied in a blanket fashion touching any American with a telephone; conversely, SCOTUS probably also never imagined that terrorists would plot devastating domestic attacks using our own communications systems within our own country.
In any event, it seems likely that bulk metadata collection will no longer be allowed, and NSA and the IC will simply figure out ways to do their jobs within the confines that our system of government prescribes. That's fine, and that is the way our system works. But for people to say that NSA is "obviously" breaking the law or that metadata collection is "clearly" unconstitutional -- when both are not only subjective, but provably false, statements -- is highly offensive to people who see the care that goes into these efforts, all of which are designed solely to protect our Nation and its people.
I have said it before, and I will say it again: adversaries of the United States, be they terrorists or nation-states, increasingly use the same systems, networks, services, providers, operating systems, devices, tools, encryption standards, and so on as Americans and much of the rest of the world. To have the "capability" to target the one necessarily implies the capability to target them all. The distinction is no longer the technology or the capability -- it is ONLY the target; the person on the other end. In a democratic society based on the rule of law, it cannot be the capability, but the LAW, that is paramount.