Is there a point at which current actions of the NSA fall outside the war powers and foreign affairs? Is there a point at which vacuuming up data on millions o

Is there a point at which current actions of the NSA fall outside the war powers and foreign affairs? Is there a point at which vacuuming up data on millions of non-combatants steps outside the realm of a valid argument for national security? Especially when that data is used/shared with other agencies for purposes that fall outside national security and war powers? [edit: I am seriously asking about legal/constitutional concerns and interpretations. I just re-read my comment and worried that it sounded potentially dismissive or combative, which is not my intent.]