Mark Levin is not without faults, nor is he infallible, nor (and this is especially important) does he have all of the facts. Since he doesn't get security and strategy briefings from the White House, don't you think that he might be a trifle lacking in some of the pertinent facts?
the constitutional argument here is not going to change - either the executive has these powers as part of his role as commander in chief, or he does not. the idea that an act of Congress (FISA) can just "pluck" a power from the executive, is wrong. The administration asserted this, bravely fought it tooth and nail for years - and now this.
this should have gone to the SCOTUS. at least if we lost it there, I could accept that.