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 of only the military, and not of all the people, even in time [*41] of war. Indeed, since Ex Parte Milligan, we have been taught that the "Constitution of the United States is a law for rulers and people, equally in war and in peace...." Ex Parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866). Again, in Home Building & Loan Ass'n v. Blaisdell, we were taught that no emergency can create power.

Finally, although the Defendants have suggested the unconstitutionality of FISA, it appears to this court that that question is here irrelevant. Not only FISA, but the Constitution itself has been violated by the Executive's TSP. As the court states in Falvey, even where statutes are not explicit, the requirements of the Fourth Amendment must still be met. And of course, the Zweibon opinion of Judge Skelly Wright plainly states that although many cases hold that the President's power to obtain foreign intelligence information is vast, none suggest that he is immune from Constitutional requirements.

The argument that inherent powers justify the program here in litigation must fail.

X. Practical Justifications for Exemption
First, it must be remembered that both Title III and FISA permit delayed applications for warrants, after surveillance has begun. Also, the case law has long permitted law enforcement action to proceed in cases in which the lives of officers or others are threatened in cases of "hot pursuit", border searches, school locker searches, or where emergency situations exist. See generally Warden v. Hayden, (1967); Veronia School District v. Acton,  [*42]