For the first time in open court, the Bush administration will defend the constitutionality of a domestic spying program. The case, to be heard today in U.S. District Court in Detroit , involves a Lebanese immigrant whose phone calls were tapped via electronic surveillance by the National Security Agency without first seeking a warrant. The American Civil Liberties Union is hoping the judge will declare surveillance without a warrant unconstitutional because, they contend, the practice violates free speech and privacy rights. The Bush administration counters that the case should not be heard because of the administration's privilege against revealing state secrets that may affect national security. Wayne State law professor Robert Sedler pointed out that "a historical analysis indicates that claims of inherent presidential power over domestic matters have been rejected." But other legal scholars say that presidents have the power to act alone, even absent specific authority from Congress.