The Bush administration has appealed yesterday's cout ruling that it end a domestic wiretapping programme it claims protects Americans from terrorism.
US District Judge Anna Diggs Taylor
US District Judge Anna Diggs Taylor said the wiretaps under a five-year-old "Terrorist Surveillance Program" violated freedom of speech, protections against unreasonable searches and a constitutional check on the power of the presidency.
"There are no hereditary kings in America and no powers not created by the Constitution," Judge Taylor said in her ruling.
But the administration, buoyed by polls showing Americans back its handling of security and terrorism, appealed against the federal court ruling, saying: "We couldn't disagree more."
The National Security Agency (NSA) programme has been widely criticised by civil rights activists and raised concern among lawmakers, including some in the Republican Party, who say he may have overstepped his powers.
Mr Bush authorised the NSA programme after the September 11th attacks on the United States, and it became public last year.
It allows the government to eavesdrop on the international phone calls and e-mails of US citizens without obtaining a warrant, if those wiretaps are made to track suspected al-Qaeda operatives.
Both sides agreed the programme could go on until the judge hears the government's case for a stay pending appeal.