I am saying that interpretations of civil and/or constitutional law in this area are meaningless, as the law is ultimately defined by force.
“I’m not really saying that might makes right, as I don’t believe that to be true, as that gets into the area of natural law, which is immutable.”
Man’s law is mutable, but not willy-nilly. Systems of man-made law provide their own rules for changing the law, and if those are broken what follows is illegal. In this way it is no different from right and wrong under natural law. Force may decide what happens, but it cannot unilaterally say what is or is legal or illegal.
The law is the law, and if authority ignores it it has not turned the legal into the illegal or vice-versa. No, it has simply ignored the law. That is, until it institutes its own law. From thenceforth it decides what’s legal or illegal. But not beforehand.