But even if Miller and Smith are correct in terms of the meaning of the Fourth Amendment, the mere fact that government can constitutionally exercise its authority in this manner does not mean that it should do so. That something is constitutionally permissible does not make it sound public policy. (italics added)Very odd article in terms of structure. I was taught to put the important thought at the head of the writing.
The really critical sentence —"That something is constitutionally permissible does not make it sound public policy." — is at least as important as the foregoing paragraphs which emphasize that what NSA is doing under Obama is "constitutional."
Last usually suggests least. Yet Professor Stone's thought is obviously the punch line and many people will miss it.