Until it gets challenged in the Supreme Court, a state can do anything. Just because they signed a piece of paper doesn't mean it's constitutional. I had a law professor who said probably 50% of the local downtown ordinances in our county were arguably unconstitutional, but who's going to pay a lawyer $300+ an hour to prove it when the fine is 50 bucks.
If the government needs to enforce the Patriot Act, it will. It'll let the lawyers clean up the red tape afterwards. Just because there's no incentive to challenge it doesn't mean it's constitutional.
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