Abuse of Power or Neglect?
Well, excuse me, it seems to me that the ones who abused their power here are the members of the Senate. They are the ones that passed the huge abomination without even reading it. So eager to appear to be doing something in the wake of the 9/11 attacks, and so afraid of looking weak, they felt "forced" to pass the bill offered by the Bush Administration.
The Senate certainly had it in their power to prevent this. In fact, it is their job, their sworn duty to read and understand the bills they vote on, and to base their votes on that understanding. All Senators have sworn to bear faith and allegiance to the Constitution and to protect it against all enemies. To allow the Executive branch to author a bill to weaken the Constitution and then to pass that bill without an appropriate level of scrutiny certainly violates at least the spirit of that oath.
Senators, stop acting like you were taken advantage of, and start doing the job you were elected to perform!