One argument used to justify the Administration's violation of the Foreign Intelligence Surveillance Act is the claim that such surveillance is part of defense activity, that the Constitution makes the President commander in chief of the army and navy, hence that he has complete freedom in how he conducts defense activity, hence that he cannot be restricted by FISA.
But the Constitution also says that:
"The Congress shall have Power To make Rules for the Government and Regulation of the land and naval Forces;"
So if surveillance is part of the activity of the army and navy, Congress is entitled to make rules regulating it--for instance FISA.
Am I missing something?