A group of influential scholars have written a response to
the Department of Justice's Jan. 19, 2006 Memo justifying the Bush Administration's warrantless searches of Americans purportedly pursuant to the Authorization for Use of Military Force and the War Powers provision of the Constitution. Link below:
http://balkin.blogspot.com/...
The scholars state that though the Memo is more detailed than the DOJ's initial letter justifying the Bush Adminstation's Act (December 19, 2005), it "continues to advance the same flawed arguments, and only confirms that the NSA program lacks any plausible legal justification."