President Bush has been busy defending the administration's electronic-surveillance program against critics who say it unconstitutionally violates citizens' civil liberties. Bush says the surveillance is vital to the nation's anti-terrorism efforts, but critics say the president has overstepped his powers and infringed on Congress' constitutional authority, inviting opposition at home and criticism abroad. Other questions about the president's possible abuse of presidential power involve the administration's use of military tribunals and its alleged use of torture, as well as its refusal to support a congressional inquiry into the response to Hurricane Katrina. What's needed, critics say, is Supreme Court action limiting the administration's exercise of executive power. But administration supporters reject claims that Bush has gone further than previous wartime presidents and stress that as commander in chief he has the power to do everything he deems necessary to protect the country.

Kenneth Jost is Supreme Court editor, CQ Press; associate editor, CQ Researcher; and author of The Supreme Court Yearbook since the 1992-1993 edition.