It does not matter. The law is whatever the Judges say it is. What is on paper does not matter, what has been done before does not matter. It only matters what the public will tolerate at the time.
We picked up every Japanese Amercian and put them in concentration camps at the outbreak of WWII. We kept them in confinement for over 4.5 years. No judge, no court, no charges, no evidence, no conviction, no citizens rights, just confinement for the duration of the war. That is what all Japanese Citizens got. They didn't need no stinkin day in court was the public view and they didn't get one. What law or part of the constitution authorized that kind of treatment? Why hasn't it ever been done again? Why was no one punished for doing it?
You believe that bull sh*t they teach you in school is true. It ain't. The truth is any president can do anything the public will let him do at the time he does it. What is written down on paper isn't worth a Haebeus Corpus ruling during the Lincoln Administration.