LINDA BURT

Perspective

The people of Wyoming may differ on tax exemptions on coal versus tax exemptions on food. But there are some principles that unite us all.

We believe in democracy and we respect the rule of law. We know that America stands as the shining example for the world. Our "experiment" in democracy has endured, despite sometimes fierce ideological divides, because we work within a delicate balance of power between the executive, judicial and legislative branches. But the actions of our president threaten the very essence of our democracy.

In violation of the Constitution and federal law, President Bush authorized the National Security Agency to conduct illegal surveillance activities.

In drafting and later revising the law that governs surveillance, the Foreign Intelligence Surveillance Act (FISA), Congress made the law flexible and responsive to rapidly changing threats. For example, under FISA, the NSA has the authority to utilize a wiretap without a court order so long as a FISA judge is notified within 72 hours - even if it is 72 hours after the fact.

But under President Bush's program, no FISA judge was notified. No warrants were issued. And rather than raise concerns with FISA and ask Congress to amend any shortcomings, President Bush simply ignored it. When the illegal program was revealed in media reports, the White House took a firm position against any judicial or Congressional oversight. In short, President Bush told Congress that he was not beholden to them or the law.

Make no mistake about it: The NSA wiretaps violate the law. And the precedent, if allowed to stand, threatens us all.

Some have called on Congress to change the FISA law to make the NSA program legal - to allow the government to conduct surveillance without a warrant or any judicial oversight. To change the law now, after it has been flagrantly violated, would be a grave mistake. It would excuse the president for breaking the law in the first place. And it would send a message that Congress is not willing to stand up to an abuse of presidential power, a violation of the Constitutional system of checks and balances.

The people of Wyoming might think this debate does not impact them, that it is about terrorists living in far away lands. Think again.

This abuse of power has ensnared Americans exercising their constitutional rights to free speech and dissent. The ACLU filed a Freedom of Information Act request and found that the FBI and local police have infiltrated political, environmental, anti-war and faith-based groups.

Why would the FBI invade the privacy of legitimate political and religious groups? Perhaps they hope that under the guise of fighting terrorism, they can intimidate the voices of dissent, those who believe that our democratic system must be maintained and defended, especially in a time of war.

Fortunately, Americans increasingly are raising concerns. A recent poll conducted by the ACLU found 54 percent of Americans oppose the warrantless surveillance program. Sixty percent of respondents believe the president should work with Congress and the courts, within the time-honored system of checks and balances established in the Constitution, to combat terrorism.

And if you think that only Democrats oppose the president's policies, you would be wrong. At least a third of Republican voters expressed concern that President Bush is operating outside of the law. Meanwhile, senior Republicans in Congress are demanding more information and oversight.

The voices of opposition are growing louder, in Wyoming and across the country. People are saying if we are in fact a nation of laws then no one should be above the law, not even the president. After all, how can America fight for democracy in Iraq and Afghanistan when we allow the president to break the law here at home?

Linda Burt is executive director of the Wyoming chapter of the American Civil Liberties Union.