Maybe one should read the entire Constitution, not just the 4th Amendment.
The establishment of the FISA court did not amend the Constitution as to the Presidents responsibilty and power during time of war.
Some will wish it did, but it certainly did not.
I didn't know that we were at War .... That was Bush's 1st mistake .... NOT Declaring War. This WOT sure is looking like the "War on Drugs".