President had legal authority to OK taps

[AceHigh]

[ QUOTE ]
Thus if FISA is in fact an unconstitutional limitation of the president's inherent powers, then he is free to comply or not as he pleases. This would be similar to the disputes over the War Powers Act.

[/ QUOTE ]

If it is unconstitutional, he has to have it overturned by the courts. He can't unilaterally decide what is constitutional or not, that will be decided by the supreme court.