That's a mighty big assumption for you to make, capitan, especially considering that it runs contrary to the unanimous opinion of the founding fathers and virtually every single case precedent from Federal District all the way up to the Supreme Court.
After Congress retrospectively approved Lincoln's actions, Taney's pique in Ex parte Merryman became a moot point.
Yawn. Even if Congress could retroactively allow it (a disputed issue in itself) the fact remains that they did not do so for another two years after Taney's ruling. During those two years at least four other federal courts in four different jurisdictions ruled the exact same way that Taney did. Lincoln ignored every single one of them and even let his henchmen place one of the judges under house arrest.
That's clearly disrespectful and abusive language -- I insist you refer to them by the politically more sensitive and nonabusive "persons of hench". -- LOL!