Richard Epstein weighs in on the wiretap issue on the Op-Ed page of the Wall Street Journal with Executive Power on Steroids. While claiming to be for legal wiretaps, he is strongly against illegal ones:

The major danger with presidential surveillance does not lie in this particular overreaching of executive power. It’s what comes next. If President Bush can ignore FISA, then he can disregard a congressional prohibition against the use of nuclear force.

Perhaps too melodramatic to be convincing. When I did Oxford debate in high school, every plan from water quality to farm policy ended with nuclear war. But there are myriad ways that presidential powers could become tyrannical if a Jacksonian president took the law into his own hands. I may not like Jackson as chief magistrate, but he sure knew how to give a good speech.