What is "unconstitutional"? It's what the Supreme Court says it is.
The Court has had the opportunity on multiple occasions to rule that this domestic spying is unconstitutional, and has declined to do so. Ergo, for all practical matters, it's legal.
Everyone in office takes an oath to uphold the constitution. The Supreme Court gets the final say, but it is still the responsibility of everyone to do what they know to be correct.
The Court has had the opportunity on multiple occasions to rule that this domestic spying is unconstitutional, and has declined to do so. Ergo, for all practical matters, it's legal.