ACLU: Abuse of power must be challenged

Americans believe in democracy, in respecting the rule of law, and in the system of checks and balances between the executive, judicial and legislative branches. These core principles have united us and helped preserve our nation despite wars, depressions and natural disasters. And they have made us a beacon of freedom among nations.

But the actions of our president, and the potential acquiescence of Congress, threaten these essential democratic principles. In violation of the Constitution and federal law, President Bush authorized the National Security Agency (NSA) to conduct illegal surveillance activities within the United States. So far as we know, the NSA has monitored the communications of anywhere from a few hundred to a few thousand U.S. citizens who have been contacted by people abroad.

The law that governs surveillance, the Foreign Intelligence Surveillance Act (FISA), is already extremely flexible and responsive to rapidly changing threats. For example, it even gives the NSA authority to wiretap without a court order so long as a FISA judge is notified within 72 hours after the fact.

The FISA court already is virtually a rubber stamp. In 2004, it did not deny a single one of the 1,758 requests to conduct secret surveillance and physical searches. But that wasn't easy enough for Bush. No FISA judge was notified. No warrants were issued. And rather than raise concerns with FISA and ask Congress to amend any supposed shortcomings, Bush simply ignored them.

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