A limitation to presidential discretion is specifically applied by Congress in the FISA clause baring anyone to attempt to avoid it. I suggest you read the finding of the Secret Case from 2002 that has been quoted extensively here.
In it, the judges say specifically that FISA cannot limit the inherent authority of the President in the area of intelligence.
Congress cannot, by a law, overturn a constitutional power of the Executive Branch.
I posted this almost two days ago in #30:
In a 56-page opinion overturning a May decision by the Foreign Intelligence Surveillance Court, the three-judge panel said the expanded wiretap guidelines sought by Attorney General John Ashcroft under the new USA Patriot Act law do not violate the Constitution.
and people are STILL arguing that it might not be legal?
I think some of these people just like to see their font in print.
"I suggest you read the finding of the Secret Case from 2002 that has been quoted extensively here."
I have read it, what part are you referring too.
From FISA 1811. Authorization during time of war
" Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress."
What part of 15 days am I misunderstanding?
"Congress cannot, by a law, overturn a constitutional power of the Executive Branch."
Correct, but warrantless wiretapping is never mentioned in the Constitution, it is not a a power granted by the Constitution. The Supreme Court has held that in lew of existing legislation regulating behavior, the President is given wide berth to exercise his discretion but is ultimately bound by acts of congress (see Prize Cases). This is nothing new,
Prize cases goes back to 1862.