1. The Executive branch does not have the power to spy on citizens without a warrant in order to prevent future terrorist attacks on the United States because it directly violates the right to privacy and protection of no search or seizure without a warrant that is protected by the 4th amendment.
2. In 2005, it was publicly announced that President Bush had used wire tapping and spying techniques in order to protect the country from possible terrorist attacks. These spying techniques were preformed without a warrant and violated the U.S. Constitution. President Bush argued that he executed his actions in order to protect the country, and therefore had the authority not to issue a warrant.
3. Evidence:

• The first amendment protects the right to free speech and expression. Citizens have the right and protection to express whatever they wish, and have the reassurance that they will not be in legal trouble.
• The fourth amendment protects against the right to unreasonable search and seizure without a warrant. A search against an innocent citizen could be seen as unreasonable.
• This is a violation of the separation of powers. Congress asked the President to restrain from the wire-tapping, and the President refused this request.