In theory, constitutional rights would be the ideal tool of choice on your second point. Of course that requires a civil suit against the state and really expensive attorneys.
To add to your point, it’s naive to believe that those protections are effective for anyone who isn’t incredibly wealthy at this point. The issue is most people can’t afford to take a case all the way, let alone start one.
Our constitutional rights have been effectively nullified - first with a slowly creeping "it's fine if a corpo does it", then with "it's fine if the President directs it", and now recently with a shameless full-on embrace of both.