Cross-posted from The Hill Blog.

The rewrite of the Foreign Intelligence Surveillance Act of 1978 recently passed by the House (H.R. 6304) deals with some of the Bush Administration's more Constitutionally challenged activities. Recognizing the role of the Judicial Branch, for instance, is a good idea. The Administration's claim that Congress' authorization of force after 9/11 somehow implicitly allowed the White House to operate a wiretapping program in this country outside the court system has always stretched credulity.

Unfortunately, though, the Democrats caved to the White House by giving the telecom companies a get-out-of-jail-free card for handing over private information about American citizens to government agents. I think most Americans would consider having their phone conversations secretly recorded and handed over to the government an example of unreasonable search and seizure. If this legislation is signed into law, all of the Americans who sued these telecom companies in protest will never have their day in court. As there are no Senators willing to stop this bill, we expect that chamber to also pass it.

From a broader perspective, this bill amounts to a legislative affirmation of the Bush White House's systematic disregard for our civil rights and our Constitution. This Administration has illegally used warrentless wiretapping to spy on Americans.  It has suspended habeas corpus.  It has engaged in illegal torture.  Through signing statements, the President has declared publicly he will not comply with aspects of laws he finds disagreeable.

I think the Bush White House believes it is above the law. It has made a practice of ignoring the courts and Congress in the name of national security. It is time for Congress to start acting like a co-equal branch of government and start asserting its Constitutionally mandated role of overseeing the Executive Branch.