Simple solution, move the NSA out of the States
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
So why don't they create a new or move the existing NSA in a territory that is not a US state? I heard Puerto Rico is looking for somebody to rent the place. Win-win, isn't it?