It seems like this comment is meant to be funny, but it actually hits at the root of the problem. The "Authorization for Use of Military Force Against Terrorists" (AUMF) was passed in 2001 and is still in effect. The AUMF allows the executive branch broad use of its military and surveillance powers without much congressional or legislative oversight.
The AUMF has also been cited by the Department of Justice as authority for engaging in electronic surveillance in ACLU v. NSA without obtaining a warrant of the special Court as required by the constitution.https://en.wikipedia.org/wiki/Authorization_for_Use_of_Milit...
