Congress flushes constitution down the toilet

With the passage of the Surveillance Bill is the Fourth Amendment now defunct. Aside from the immunity to telecom companies, the real problem is how much impact this will have on Constitutional law.

While one can argue Congress under Article Three has the right to set up secret courts, does it have the right to entitle those courts to conduct unwarranted wiretapping? Does this leave The Bill of Rights gasping on the dock like a dying fish?