President Bush agreed with great fanfare last month to accept a ban on torture, but he later quietly reserved the right to ignore it, even as he signed it into law.

Acting from the seclusion of his Texas ranch at the start of New Year's weekend, Bush said he would interpret the new law in keeping with his expansive view of presidential power. He did it by issuing a bill-signing statement - a little-noticed device that has become a favorite tool of presidential power in the Bush White House.

In fact, Bush has used signing statements to reject, revise or put his spin on more than 500 legislative provisions. Experts say he has been far more aggressive than any previous president in using the statements to claim sweeping executive power - and not just on national security issues.

FBI officials repeatedly complained to the spy agency that the unfiltered information was swamping investigators. The spy agency was collecting much of the data by eavesdropping on some Americans' international communications and conducting computer searches of phone and Internet traffic. Some FBI officials and prosecutors also thought the checks, which sometimes involved interviews by agents, were pointless intrusions on Americans' privacy.

As the bureau was running down those leads, its director, Robert S. Mueller III, raised concerns about the legal rationale for a program of eavesdropping without warrants, one government official said. Mr. Mueller asked senior administration officials about "whether the program had a proper legal foundation," but deferred to Justice Department legal opinions, the official said.

President Bush has characterized the eavesdropping program as a "vital tool" against terrorism; Vice President Dick Cheney has said it has saved "thousands of lives."

Although I am named in this suit in my own behalf, I am motivated to join it by concerns well beyond my own. I have been frankly appalled by the discrepant and contradictory positions taken by the Administration in this matter. First, the entire existence of the NSA's monitoring was a secret, and its very disclosure denounced as a threat to national security.

Then it was argued that Congress had already implicitly granted the power to conduct warrantless surveillance on the territory of the United States, which seemed to make the reason for the original secrecy more rather than less mysterious. (I think we may take it for granted that our deadly enemies understand that their communications may be intercepted.)

It now appears that Congress may have granted this authority, but without quite knowing that it had, and certainly without knowing the extent of it.

This makes it critically important that we establish an understood line, and test the cases in which it may or may not be crossed.

We are, in essence, being asked to trust the state to know best. What reason do we have for such confidence? The agencies entrusted with our protection have repeatedly been shown, before and after the fall of 2001, to be conspicuous for their incompetence and venality. No serious reform of these institutions has been undertaken or even proposed: Mr George Tenet (whose underlings have generated leaks designed to sabotage the Administration's own policy of regime-change in Iraq, and whose immense and unconstitutionally secret budget could not finance the infiltration of a group which John Walker Lindh could join with ease) was awarded a Presidential Medal of Freedom.

I believe the President when he says that this will be a very long war, and insofar as a mere civilian may say so, I consider myself enlisted in it. But this consideration in itself makes it imperative that we not take panic or emergency measures in the short term, and then permit them to become institutionalized. I need hardly add that wire-tapping is only one of the many areas in which this holds true.

The better the ostensible justification for an infringement upon domestic liberty, the more suspicious one ought to be of it. We are hardly likely to be told that the government would feel less encumbered if it could dispense with the Bill of Rights. But a power or a right, once relinquished to one administration for one reason, will unfailingly be exploited by successor administrations, for quite other reasons. It is therefore of the first importance that we demarcate, clearly and immediately, the areas in which our government may or may not treat us as potential enemies.

MATTHEWS: We're under attack on 9-11. A couple of days after that, if I were president of the United States and somebody said we had the ability to check on all the conversations going on between here and Hamburg, Germany, where all the Al Qaeda people are, or somewhere in Saudi [Arabia], where they came from and their parents are, and we could mine some of that information by just looking for some key words like "World Trade Center" or "Pentagon," I'd do it.

TICE: Well, you'd be breaking the law.

MATTHEWS: Yeah. Well, maybe that's part of the job.

I'd like to start by saying that Congressman Bob Barr and I have disagreed many times over the years. But we have joined together today with thousands of our fellow citizens, Democrats and Republicans alike, to express our shared concern that America's Constitution is in grave danger.

In spite of our differences over ideology and politics, we are in strong agreement that the American values we hold most dear have been placed at serious risk by the unprecedented claims of the administration to a truly breathtaking expansion of executive power.

As we begin this new year, the executive branch of our government has been caught eavesdropping on huge numbers of American citizens and has brazenly declared that it has the unilateral right to continue without regard to the established law enacted by Congress precisely to prevent such abuses. It is imperative that respect for the rule of law be restored in our country.

The president and I agree on one thing: The threat from terrorism is all too real.

There is simply no question that we continue to face new challenges in the wake of the attacks on September 11th and we must be ever vigilant in protecting our citizens from harm.

Where we disagree is on the proposition that we have to break the law or sacrifice our system of government in order to protect Americans from terrorism when, in fact, doing so would make us weaker and more vulnerable.

... The president claims that he can imprison that American citizen - any American citizen he chooses - indefinitely, for the rest of his life, without even an arrest warrant, without notifying them of what charges have been filed against them, without even informing their families that they have been imprisoned.

No such right exists in the America that you and I know and love. It is foreign to our Constitution.

... At the same time, the executive branch has also claimed a previously unrecognized authority to mistreat prisoners in its custody in ways that plainly constitute torture and have plainly constituted torture -- in a widespread pattern that has been extensively documented in U.S. facilities located in several countries around the world.

Over one hundred of these captives have reportedly died while being tortured by executive branch interrogators. Many more have been broken and humiliated. And, in the notorious Abu Ghraib prison, investigators who documented the pattern of torture estimated that more than 90 percent of the victims were completely innocent of any criminal charges whatsoever.

This is a shameful exercise of power that overturns a set of principles that you're nation has observed since General George Washington first enunciated them during our Revolutionary War.

... The president has also claimed that he has the authority to kidnap individuals on the streets of foreign cities and deliver them for imprisonment and interrogation on our behalf by autocratic regimes and nations that are infamous for the cruelty of their techniques for torture.

Some of our traditional allies have been deeply shocked by these new and uncharacteristic patterns on the part of America.

The president has also claimed that he has the authority to kidnap individuals on the streets of foreign cities and deliver them for imprisonment and interrogation on our behalf by autocratic regimes and nations that are infamous for the cruelty of their techniques for torture.

Some of our traditional allies have been deeply shocked by these new and uncharacteristic patterns on the part of America.

These really aren't normal political times we're living in. And I think Gore is right to say that we're in the midst of a constitutional crisis, even though too few people are taking notice of it. Our constitution becomes the proverbial falling tree.

The point Gore makes in his speech that I think is most key is the connection between authoritarianism, official secrecy and incompetence.

The president's critics are always accusing him of law-breaking or unconstitutional acts and then also berating the incompetence of his governance. And it's often treated as, well ... he's power-hungry and incompetent to boot! Imagine that! The point though is that they are directly connected. Authoritarianism and secrecy breed incompetence; the two feed on each other. It's a vicious cycle. Governments with authoritarian tendencies point to what is in fact their own incompetence as the rationale for giving them yet more power. Katrina was a good example of this.

The basic structure of our Republic really is in danger from a president who militantly insists that he is above the law.