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The other doesn't go nearly that far. In dismissing the notion of censure, some senators argue not that the wiretapping is necessarily legal, but that the question is unanswerable for now, either because too little is known about the program or because the courts haven't put the big constitutional issues to rest.
Chief among them: whether a 1978 law against warrantless domestic wiretapping is trumped by the president's inherent constitutional powers as commander in chief.