My answer to that is just four numbers: 1865
The Constitution does not declare that military power is superior to the Constitution. The Supremacy clause does not contain any reference to military power overuling the Constitition. Justice Davis wrote in ex parte Milligan, 'The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances.'