"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. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government."
And of course I have to throw in something by Marshall where he specifically addressed the very issue at hand - the delegation of Congressional powers to suspend the writ of habeus corpus:
"If at any time the public safety should require the suspension of the powers vested by this act in the courts of the United States, it is for the legislature to say so."Sorry.
Chief Justice Marshall, Ex parte Bollman & Swartwout, 4 Cranch 75 (1807).
"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. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government."
As far as President Lincoln was concerned, this was ex post facto.
Sorry.
When President Lincoln acted, there was no constraint on him.
Walt