Orrin Hatch's recent comments that two FISA judges were informed of the President's data collection program seems to be enough cover for some conservatives. Our friends at Confederate Yankee seem to think so anyway. As far as they're concerned, notification of a program is the same as consent to that program's conduct.
Balance of powers? Quaint in this time of war. As long as someone (apparently, anyone) in Congress is notified and a gang of administration lawyers signs-off, you're good.
Interesting that a group of folks who've built their movement on the idea of a strict interpretation of the Unites States Constitution would so willingly forgo the most basic principle of checks and balances that ensure power is NOT concentrated in one branch.