US District Judge Anna Diggs Taylor said the wiretaps under a five-year-old "Terrorist Surveillance Program" violated freedom of speech, and protections against unreasonable searches.
She said that the Bush administration had flouted a constitutional check on the power of the presidency.
She added that there were no hereditary kings in America and no powers not created by the Constitution.
The National Security Agency programme was authorised by Bush after the September 11 attacks but it was only discovered last year.
It allows the government to eavesdrop on the international phone calls and e-mails of US citizens without obtaining a warrant.
Not surprisingly the US government has appealed saying that the programme is protecting people from terrorism.
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