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"I do think the president has pushed the envelope," said Georgetown University political scientist Stephen J. Wayne. "He seems so determined for another act of terrorism not to occur on his watch that he has forgotten the constitutional protections that most Americans value as highly as they value their security." Bush is using a variety of techniques and strategies to maximize his power — at the expense of Congress, some say. It's a course, critics suggest, that both he and Vice President Dick Cheney have pursued since they took office in January 2001.
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Former CIA Director Stansfield Turner is among those critical of the administration's eavesdropping program and Hayden's oversight. "I'm concerned that he had a role in wiretapping American telephones without warrants. I interpret that, if it happened, as against the law. Apparently, the president and others interpret it otherwise," said Turner, who was CIA chief in the Carter administration. In projecting his powers widely, Bush has made extensive use of statements that accompany the signing of a bill into law. These statements claim a presidential prerogative not to enforce parts of the legislation that he deems to encroach on executive authority.
He has issued hundreds of such statements. Among provisions he has challenged is a requirement to give detailed reports to Congress about his use of the Patriot Act and about a ban on torture. "The president apparently believes, based on a number of recent statements and policy directives, that anything he approves is automatically legal," said Stephen Cimbala, a Pennsylvania State University professor who studies national security issues. Because Bush has not vetoed any bill sent to him, Congress has not had the chance to challenge such pre-emptive assertions of presidential authority.
"It undercuts the whole legislative process of veto and override," said James Steinberg, deputy national security adviser in the Clinton White House. He said Clinton issued such signing statements, but only rarely. "Concentrating that kind of authority in one person is dangerous," said Steinberg, now dean of the LBJ School of Public Affairs at the University of Texas. Presidents Abraham Lincoln and Franklin D. Roosevelt both suspended various constitutional protections, claiming all-consuming wars as the reason.
http://news.yahoo.com/s/ap/20060514/ap_on_go_pr_wh/presidential_stretch