And on this, I agree with you. As Abraham Lincoln said:
I did understand however, that my oath to preserve the constitution to the best of my ability, imposed upon me the duty of preserving, by every indispensabale means, that government -- that nation -- of which that constitution was the organic law. Was it possible to lose the nation, and yet preserve the constitution? By general law life and limb must be protected; yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures, otherwise unconstitutional, might become lawful, by becoming indispensable to the preservation of the constitution, through the preservation of the nation. Right or wrong, I assumed this ground, and now avow it.
That’s an interesting quote. When was it written???
Essentially he wasn’t pretending that what he was doing was Constitutional. He was admitting openly that it was unConstitutional.
That to me would be understandable given that half of Washington’s senators and representatives were no longer in Washington but down in Richmond shooting at you.
It’s a wonder anything functioned during those years.