You'd probably like to have the EP made null and void too. That is the only rational basis of the neo-reb rant. Mean old Lincoln kicked your heroes' butts, but worse, he advocated equal rights for all. Can't have that.
Walt
If it's illegal yes. Lincoln didn't kick our butts - unless you consider attacking innocent old men, women and children and starving them into submission to be kicking their butts; nor did he advocate equal rights for all those blacks he wanted to deport/expatriate. Lincoln claimed that the EP was a "war measure", but the issue of seizing private property in time of war had already been decided by the US Supreme Court.
Who said it and when?"Our duty is to determine under what circumstances private property may be taken from the owner by a military officer in a time of war. And the question here is, whether the law permits it to be taken to insure the success of any enterprise against a public enemy which the commanding officer may deem it advisable to undertake. And we think it very clear that the law does not permit it."