Using a telephone is clearly protected under the First Amendment, and the Supreme Court has said that it even involves a right of personal privacy.
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A developing constitutional “right of sexual privacy” for teenagers under the age of 18 is steeped in controversy, as the recent confrontation over the “Plan B” birth control pill attests.
It depends upon how, in a future case, the Supreme Court interprets the first decision on terrorism law to be issued following the September 11, 2001, attacks — Hamdi v. Rumsfeld.
Nowhere in the Constitution is there a requirement that, to get anything controversial done in the Senate, the votes of 60 senators are necessary.
It might be done by amending the Constitution.