Perhaps the landmark case of Ex Parte Milligan needs to be looked at again. It originally came into being in 1866, in which Lambden P. Milligan won the case. However, the case has been used in WWII and failed in the case of an American, who joined the Nazi cause. It again, failed in the case of the internment of Japanese-American citizens. Lastly, it failed in the case of terrorists imprisoned as a result of 9-11.

If there ever was a case for Ex Parte Milligan to succeed would be to the State government overreach that are infringing on constitutional rights. Here is what SCOTUS unanimously ruled in the case of Ex Parte Milligin --

The United States Supreme Court ruled in Ex Parte Milligan, 71 U.S. 2 (1866) that "Neither legislature nor the executive or judicial officer may disregard the provisions of the constitution in case of emergency....

"Section 98 therefore, ANYONE who declares the suspension of constitutionally guaranteed rights (to freely travel, peacefully assemble, earn a living, freely worship, etc.) and or attempts to enforce such suspension within 50 independent, sovereign, continental United States of America is making war against our constitution(s) and, therefore, we the people. They violate their constitutional oath and, thus, immediately forfeit their office and authority and their proclamations may be disregarded with impunity and that means ANYONE; even the governor and President.