>>E.g. by saying "the Fourth Amendment does not apply to NSA's interception of Americans' international communications for foreign intelligence purposes" the NS

>>E.g. by saying "the Fourth Amendment does not apply to NSA's interception of Americans' international communications for foreign intelligence purposes" the NSA was implicitly also stating that Americans' communications that didn't meet those criteria were protected by the Fourth. I might be missing something but just because X applies to Y doesn't mean X doesn't apply to Z.