[Non-Sequitur]

It doesn't really matter what Congress thinks, because Congress is not the judiciary.

Neither are you. Since the Supreme Court has not ruled on the question then you can hardly say Lincoln's actions were unconstitutional.

[Publius Valerius]

Since the Supreme Court has not ruled on the question then you can hardly say Lincoln's actions were unconstitutional.

I think the opinions in Ex Parte Bollman and in Ex Parte Merryman are more than clear.