Not entirely sure, but I thought they were talking about the 4th amendment, which also is relevant. It prevents the government from spying on Americans without a warrant. The NSA works around it so openly by buying the spy data from third parties, and saying the 4th Amendment doesn’t apply since they didn’t collect the data themselves, so it’s fine. It’s a giant middle finger to the Constitution of the US.

https://en.m.wikipedia.org/wiki/Fourth_Amendment_to_the_Unit...