Maybe. But since US doesn't have a Constitutional Court, and only a Supreme Court, it could take a decade or more before the issue is even brought up, and then accepted by the Supreme Court.
In that time the government could do a lot of damage with one law, and when the law is threatened to be declared unconstitutional, they'll just argue for how "useful" that law was in catching criminals, terrorists, etc. It's been done before.
Look at FISA. NSA gets a "general warrant" (notion that hasn't even been criticized much yet), to spy on everyone that talks to foreigners online or on the phone...which is what, 90% of the US population? The loophole is incredible. Yet the Senate rushed it through with no debate, until 2017. And then they'll try to rush it through again.
In that time the government could do a lot of damage with one law, and when the law is threatened to be declared unconstitutional, they'll just argue for how "useful" that law was in catching criminals, terrorists, etc. It's been done before.
Look at FISA. NSA gets a "general warrant" (notion that hasn't even been criticized much yet), to spy on everyone that talks to foreigners online or on the phone...which is what, 90% of the US population? The loophole is incredible. Yet the Senate rushed it through with no debate, until 2017. And then they'll try to rush it through again.