The issue always comes up and I think 4CJ, Bill, LG, and others have covered it pretty well.
Then you think wrongly. Let's take the thesis advanced by these above neo-confederate apologists, that the confederate rebellion states had legally dismembered the Union. They were taking possession of, by force, and ILLEGALLY stealing millions of dollars of U.S. federal property....forts, ammunition and stores in every single one of them. These blatant acts of war, would have entitled the declaration of the commencement of hostilities if these were instead, say, the actions of Canada, nationalizing U.S. investments north of the border. So you guys can humbug all you want, true Constitutional legal scholars can only laugh and marvel at the persistent display of willful ignorance by what borders on a religious cult by you guys.
I'm glad you've finally accepted the fact that the southern states were still states in the Union. Having settled that, the President does indeed have the right to call up the militia and to take steps necessary to put down rebellion, which is what the southern states were engaged in.
As you know, the Supreme Court said just the opposite.
"....By the Constitution, Congress alone has the power to declare a national or foreign war. It cannot declare war against a State, or any number of States, by virtue of any clause in the Constitution. The Constitution confers on the President the whole Executive power. He is bound to take care that the laws be faithfully executed. He is Commander-in-chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. He has no power to initiate or declare a war either against a foreign nation or a domestic State. But, by the Acts of Congress of February 28th, 1795, and 3d of March, 1807, he is authorized to called out the militia and use the military and naval forces of the United States in case of invasion by foreign nations and to suppress insurrection against the government of a State or of the United States."
Walt