I do think the Patriot act is BS, but you can blame congress just as much as anyone else. If Congress didnt want the patriot act also it would not have been passed and the president would not have the powers he has.

The President already has the war powers act which could have been instituted just as easily or even easier than the patriot act.

During a crisis such as widespread terror attacks in 3 states the president can declare a state of emergency and put the country under marshall law.