[infraruby]

"U.S. Supreme Court Chief Justice Roger Taney, sitting as a federal circuit court judge, ruled that the authority to suspend habeas corpus lay exclusively with Congress. Saying that Taney's orders were unconstitutional, President Abraham Lincoln defied them, as did the army under Lincoln's orders, and John Merryman remained inaccessible to the judiciary while Congress remained in recess."

https://en.wikipedia.org/wiki/Ex_parte_Merryman

[mikeash]

Sure, but that doesn't make it so, unless you're one of those folks who holds that Constitutionality is based on the courts' opinion by definition. There may be room for debate, but that doesn't mean the Constitution was just bypassed in this case.

[infraruby]

> Sure, but that doesn't make it so, unless you're one of those folks who holds that Constitutionality is based on the courts' opinion by definition.

That's been how it works in practice ever since Marbury v. Madison.