Rand Paul and the NSA spying program

Rand Paul has vowed to make sure the NSA spying program expires. Rand Paul has made an issue statement here. According to the statement:

I have fought for several years now to end the illegal spying of the NSA on ordinary Americans. The callous use of general warrants and the disregard for the Bill of Rights must end. Forcing us to choose between our rights and our safety is a false choice and we are better than that as a nation and as a people. ... I acknowledge the need for a robust intelligence agency and for a vigilant national security. I believe we must fight terrorism, and I believe we must stand strong against our enemies. But we do not need to give up who we are to defeat them. In fact, we must not. There has to be another way. We must find it together. So tomorrow, I will force the expiration of the NSA illegal spy program. I am ready and willing to start the debate on how we fight terrorism without giving up our liberty. [emphasis added]

I actually do agree with Rand Paul: I think the PATRIOT act is unconstitutional; the NSA spying program must stop. I think he is being a bit hypocritical, though. He opposes executive action because it gives so much power to one man. Isn't this the same thing? Sure, I suppose he is talking about the executive branch. And doing this can even the playing field. And we aren't a democracy. We are a republic. So it doesn't matter if the majority opposes him and he does this alone. Can he do it? Sure. Should he do it? Absolutely. And I oppose executive power, too, but I think it is a tad bit hypocritical to get angry at executive orders and then, singlehandedly, go against a bill the majority of legislators want. But at least he is protecting the constitution--more than Obama can claim to say--and I support him for that.