More importantly, they are the ones that decide what laws are enforced.
What is sad is that in America, the law around surveillance and security is largely a nice marketing campaign. Sure, you have rights that protect you from the government.
But practically speaking the government won't enforce them, doesn't stop its employees from abusing them even for personal drama, undermines or stops dead any lawsuits by saying the discovery is impossible due to "national security", or will invent terms like "enemy combatant" and then apply them to its own citizens to bypass even the constitution. It will setup "oversight courts" that rubberstamp everything and have no real power or regulatory function/safeguard.
The result of this is that each presidential election is becoming truly dangerous to the opposition. If a McCarthyism movement takes over either party that's in power with the modern surveillance infrastructure, legal "precedents" established by Bush in the war on terror, the confirmation of those powers by the Obama administration holding onto them and continuing funding of infrastructure, undermining of judicial powers, rote acceptance by the people at large, and propaganda outlets available to push messaging, and huge amounts of institutional mores and standards thrown out in the Trump administration, the opposition has real motivation to feel an existential threat.
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