Comment by AnthonyMouse

> IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

> X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Operating a surveillance apparatus isn't an enumerated power of the federal government. The courts screwed up by reading its enumerated powers so unreasonably broadly that this even came up.