Why the passivity?
Do any of us really want to live in a country where a secret Star Chamber of unelected, self-anointed Neocon aristocrats can overrule even the Supreme Court and the Constitution at their whim? That, by its very structure, is definitionally NOT a free country. Why are Americans not rioting in the streets? Seriously. Why? http://www.theguardian.com/commentisfree...
http://www.galtsgulchonline.com/posts/b2...
Maybe it's because some things like police following someone around in public places was allowed b/c there's no expectation of privacy in public places. Now that most people carry phones, you can do a blanket check on where everyone is going. Clearly that's outside the spirit of the Fourth Amendment but maybe it's within the letter of it because someone walking around with a radio transmitter has no expectation of privacy.