issue that many republicans agree is important and that s getting back to the fundamentals of the constitution. what has been mentioned but not clearly articulated in this debate it is really about the text of the fourth amendment which requires the government to conduct searches with probable cause and particularity with respect to where, who and what they are searching it is hard to reconcile this bulk data collection by the nsa with that constitutional language. that s why senators lee and leahied in the senate why the house judiciary leadership crafted this usa freedom act they are debating now in order to both keep the data available, keep the government s ability to conduct the searches available and respect the constitution and this is a debate that really does highlight the republicans commitment to the constitution. and so i don t think it s necessarily bad for the party. ellis, let me ask you, because it seems neither side is really willing to budge on the issue, are they