Earlier quoted context omitted.
It's baffling to many people how FISA is even a thing. To a layperson, the Fourth Amendment leaves no room for a rubber stamp court authorizing mass surveillance. And no one except politicians and bureaucrats are buying the argument that this is somehow targeted surveillance. Also, free nations should have higher standards than "Not a citizen? Too bad, anything goes."
This is not complicated: If you run a telegraph wire between El Paso and Juárez, the executive has the Constitutional authority to tap it to intercept communication to or from a non-citizen not in the United States, warrant-free. Congress can regulate the process that must be followed, the documentation that must be made, even require judicial review at the program level to ensure it doesn’t also record traffic that…
That's not correct at all. It would only fall under federal overview if it's commercial (Article 1 section 8 clause 3 of the constitution gives congress the right to regulate commerce with foreign nations).
The Feds don't just get to do anything they want by default. All powers that aren't specifically given to the feds are defaulted to either the states or the people.