It is true that FISA was passed in 1978, but other than that, this is nonsense. 50 USC 1805(f) specifically provides for "instant warrants" where the Attorney General can authorize surveillance immediately and then has three days to go and apply for a retroactive warrant from the FISA court. Since the FISA court grants upwards of 99% of all warrants requested, this is hardly an unduly onerous requirement.
This claim is often made by the Bush administration and its apologists, but it is equally nonsense. The Constitution reserves to Congress the right to declare war, which they have not done. They passed the AUMF which is not a declaration of war. Had they wanted to declare war, the Congress could have done so and could do so at any time, but they haven't.
Wow. Your tin-foil hat definitely needs adjusting.