That last point would be incredibly salient it if it weren't for the fact that East Germany had no claim to legitimacy via the will of the people or a Constitut

That last point would be incredibly salient it if it weren't for the fact that East Germany had no claim to legitimacy via the will of the people or a Constitution that guaranteed life, liberty and and the pursuit of happiness. It had legitimacy because it was the state, and it had the guns. The implication in the United States is more serious -- the secrecy and double-talk around surveillance means that a Big Brother state can be implemented, and that the people are lied to, and perhaps the Constitution is not being upheld after all.