[ndt]

"This is the first I've heard that any kind of paperwork is demanded for surveillance."

That is what FISA warrants are.

"Besides, you are confusing law enforcement actions with actions during a time of war."

Declaring war is a power of congress and therefore Presidential discretion to wage war can be limited by congress. A limitation to presidential discretion is specifically applied by Congress in the FISA clause baring anyone to attempt to avoid it.

[sinkspur]

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.