The government violates or works around the constitution routinely and at will. They can't spy on you? They get other allied countries to do it and report back, or they just buy the info from companies that have collected it. And so on.

This is cynical. There's some truth to this, but the constitution provides a much stronger guarantee of rights as opposed to the Free Market, which guarantees nothing. There's real risk of allowing this to be a fully private-sector endeavor.