Originally Posted by koop

There is actual legal precedent in this area. Truman tried to nationalize the steel plants during the Korean war. There was a case and if I'm not mistaken the holding was that the president cannot act where congress has already exercised authority. Congress had passed some legislation regulating the steel insdutry, and therefore the pres couldn't assume authority. In this case congress has passed legislation regulating wiretaps, even set up a special court, so I think the law is against Bush.