The attorney general has faced mounting criticism over several issues: asking Arab-American men to submit to voluntary interviews, listening to conversations between terrorism suspects and their lawyers, and not revealing information about some 1,000 people detained since Sept. 11.
Some observers say senators - including Judiciary Committee Chair Patrick Leahy (D) of Vermont - are whining about being left out of the law enforcement loop.
Others counter that an important constitutional issue is at stake. "This isn't just about Congress complaining: It's about the Constitution, which sets up three branches of government," says Neal Katyal, a law professor at Yale University in New Haven, Conn. Having Congress play its role as a check on the executive branch is crucial, he says.
Bush supporters say that swift executive action is required in a time of war. And the public largely agrees. A recent Gallup poll showed that 60 percent of Americans think the administration's approach to civil liberties is "about right."
Still, the lessening of public concern about a new terrorist attack could eventually lead to a shift in public attitudes about how heavy-handed the government should be. Gallup reports that 35 percent of Americans are worried that they or someone in their family will be a victim of terrorism. That's down from 59 percent in the wake of the October anthrax attacks - and it roughly matches pre-Sept. 11 levels.