If enough Americans were sufficiently upset about the NSA, it would be gone. They aren't. It's not even a significant election issue.Are we sure of that? Wisconsin Senator Russ Feingold lost his re-election bid. He was the only Senator to vote against the PATRIOT Act in 2001.
Colorado Senator Mark Udall lost his 2012 re-election campaign after being a total gadfly in the Senate Intelligence Oversight Committee.
It strikes me that the NSA is a significant election issue, just not to the voters.
Also, you're kind of arguing about a technicality in the definition of "democratic". Our elected reps often act un-democratically. I hope this is to prevent tyranny of the majority, but I fear that it's just legislative capture.