This is what legal positivism ends up turning into: anything is legal as long as there is a "law" allowing it. The fact that said law may be -f.e.- unconstituti

This is what legal positivism ends up turning into: anything is legal as long as there is a "law" allowing it. The fact that said law may be -f.e.- unconstitutional has nothing to do with the 'legality' of the act. Only when -if- a superior entity (the SCOTUS in this case) deems the 'law' unconstitutional does the act become 'illegal.' So always win-win for the NSA.