Beggingthe question about the constititionality of FISA.
I agree. But that too can go either way in any given case - unconstitutional as too restrictive on executive power, or unconstitutional impingement on the 4th. Of those two, the latter is highly unlikely, given the genesis of FISA itself and the language therein. But my bigger point is there is no way to tell, outside of a fact patter that involves the surveillance and a prosecution that depends on said surveillance for evidence.
I'd like to see (and think we will) a bit more cooperation between the President and Congress on fighting terrorism. As it is, it seems each side (President and Congress) is goading the other.