It actually seems a bit roundabout to me. He's proposing that Congress pass a rule of construction for the courts to interpret, in hopes that this will indirectly result in the offending statute being struck down or constrained. But a more direct route would be: propose repealing or amending the FISA authorizing statute.
That would also be more in line with Congress's constitutional duties. It's true that the courts should enforce a robust 4th amendment. But Congress does not need to force them to do so: it could simply not pass laws that violate the 4th amendment, or if it realizes it has done so, it can repeal those laws.
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It actually seems a bit roundabout to me. He's proposing that Congress pass a rule of construction for the courts to interpret, in hopes that this will indirectly result in the offending statute being struck down or constrained. But a more direct route would be: propose repealing or amending the FISA authorizing statute.
That would also be more in line with Congress's constitutional duties. It's true that the courts should enforce a robust 4th amendment. But Congress does not need to force them to do so: it could simply not pass laws that violate the 4th amendment, or if it realizes it has done so, it can repeal those laws.