I'm a big fan of the suggestion at Americablog that the one question every journalist should immediately ask administration defenders of the NSA wiretap program should be:

How is wiretapping without a court order NOT a violation of the Fourth Amendment to the Constitution?

That said, its clear from this Editor & Publisher rundown of former NSA director Hayden's recent press conference that this Administration either doesn't understand the Fourth Amendment or they've taken it upon themselves to redefine "probable cause" down to "reasonably believe" and, because the Attorney General said its okay, they dispensed with the idea of getting any sort of court order all together.   Of course since this Administration also insists that giving brief and incomplete information about the program to a handful of Congressional leaders constitutes "advising Congress" I can't say I'm surprised. 

On a related note, "domestic spying" is not "domestic spying" and Congress did not cut the $12.7 billion dollars from federal student loan programs that it actually did cut from federal student loans.