Wouldn't that make this whole brouhaha moot, except as a means to score points with the Democratic base?
Additionally, a 2002 ruling by the FISA court (In Re Sealed Case) stated the following at the bottom of page 11:
"We take for granted that the President does have that authority (to conduct
warrantless surveillance to obtain foreign intelligence information) and,
assuming that is so, FISA could not encroach on the President's constitutional
How could it be any more clear?
Here's a letter from Attorney General Gonzales to Senate Majority Leader Frist. Scroll down to the analysis starting on page 6, where the AG outlines several court cases (including the one above) where courts have consistently ruled that the President has the constitutional authority to conduct this warrantless surveillance.
This whole issue is manufactured.