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Oh, and courts cannot prohibit legislatures from doing anything, they always act by striking down laws that offend the Constitution AFTER the laws are passed. In the modern era, the government gets some good mileage out of the interim time period. The Patriot Act, and the topic this thread began with are a fine example of this. Parts of it are just bound to be struck down, but in the meantime the administration has had a 2-year heyday.
You notice how this heyday works in shows like Law & Order, CSI, and Threat Matrix.
"Charge me or let me go."
"Sorry, I can keep you for 3 days, now, without charging you for anything. Or haven't you read the Patriot Act?"
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