Bush suddenly an interesting character again

Shouldnt the courts ultimately determine when the 4th amendment applies, not a DoJ attorney opinion?

One of those secret memos:

This memo, titled Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States, concludes that the Fourth Amendment's protections against warrantless search and seizure don't apply to military operations, even when the operations take place on U.S. soil.

How do you ensure the rule of law when actions are based on secret memos that may be questionable in their interpretation of the law?

Sure other presidents received DoJ opinion memos, but I dont know that they were kept from the public.