Fine. Then let's advocate congress to craft a law saying that the NSA is allowed to do this datamining; if it is so compellingly effective (it may very well be); but it does need to be monitored by some oversight to prevent abuse. Republicans will not be in control of the executive branch forever you know?
they can if they want...but the Constitution obliges the President (and the President alone) to protect the nation against foreign powers, and authorizes the executive to make war. The Congressional role you are suggesting was specifically REMOVED from the Articles of Confederation when the Constitution was made.
Well, it is monitored by oversight already. The program as it exists was run by FISA judges for legality, and Dems in Congress were briefed on it as well. There apparently was a point in 2002 when some of the judges and a couple of the Dems raised concerns. The program was suspended temporarily while changes were made to assuage those concerns, then reinstituted as modified. So its not like the Administration was running rampant -- not even close.
If the Dems who were briefed still had real objections, they had the legal right and responsibility to bring it to the attention of Congress as a whole. They chose not to do so.
I understand your point about an Executive running wild, but I think that's a myth in the context of this program. Judges did vet the program, and members of the opposition were briefed on it. They raised concerns, were listened to, and the program was modified by the Administration as requested. That's hardly as executive running wild. But somehow, those facts have gotten lost in the hyperbole.