The House bill would permit the government to conduct surveillance for 45 days before submitting it to court review and approval. (Mr. Bush is wrong when he says the bill would slow down intelligence gathering.) After that, ideally, the law would require a real warrant. If Congress will not do that, at a minimum it must require spying programs to undergo periodic audits by the court and Congress. The administration wants no reviews.

Mr. Bush and his team say they have safeguards to protect civil liberties, meaning surveillance will be reviewed by the attorney general, the director of national intelligence and the inspectors general of the Justice Department and the Central Intelligence Agency. There are two enormous flaws in that. The Constitution is based on the rule of law, not individuals; giving such power to any president would be un-American. And this one long ago showed he cannot be trusted.

Last week, The Times reported that the C.I.A. director, Gen. Michael V. Hayden, is investigating the office of his agency’s inspector general after it inquired into policies on detention and interrogation. This improper, perhaps illegal investigation sends a clear message of intimidation. We also know that the F.B.I. has abused expanded powers it was granted after 9/11 and that the former attorney general, Alberto Gonzales, systematically covered up the president’s actions with deliberately misleading testimony.

Mr. Bush says the law should give immunity to communications companies that gave data to the government over the last five years without a court order. He says they should not be punished for helping to protect America, but what Mr. Bush really wants is to avoid lawsuits that could uncover the extent of the illegal spying he authorized after 9/11.

It may be possible to shield these companies from liability, since the government lied to them about the legality of its requests. But the law should allow suits aimed at forcing disclosure of Mr. Bush’s actions. It should also require a full accounting to Congress of all surveillance conducted since 9/11. And it should have an expiration date, which the White House does not want.

Ever since 9/11, we have watched Republican lawmakers help Mr. Bush shred the Constitution in the name of fighting terrorism. We have seen Democrats acquiesce or retreat in fear. It is time for that to stop.