"The defeat of these antiwar amendments means the legislation now moves to the House in a strong position. Speaker Nancy Pelosi is in the Dodd-Obama camp, but 21 Blue Dog Democrats have sent her a letter saying they are happy with the Senate bill. She may try to pass the restrictions that failed in the Senate, and Republicans should tell her to make their day. This is a fight Senator McCain should want to have right up through Election Day, with Democrats having to explain why they want to hamstring the best weapon -- real-time surveillance -- we have against al Qaeda."

That's only a 50-50 issue in the public's eyes. Not a great deal of advantage for McCain to argue about.

From the most recent polling available in 2006

The results suggest that Americans' view of the program depends in large part on whether they perceive it as a bulwark in the fight against terrorism, as Mr. Bush has sought to cast it, or as an unnecessary and unwarranted infringement on civil liberties, as critics have said.

I think Democrats will gladly argue protecting civil liberties and the constitution any day while quoting George Bush, "The Constitution is just a sheet of paper".