The problem here is that protections of the US Constitution were suspended for the "Civil War" (war of Secession), suspended again for WW2 - and never restored.  Since WW2, rhetorical "wars" have justified removing more and more of the constitution.  War on poverty (nullify 14th amendment), War on drugs (nullify 4th amendment), War on terror (nullify 1st amendment and innocent until proven guilty).  

The US Constitution is the rightful ruler of the US.  But the people have given their allegiance to other rulers.  

TIL - US code is not actually the law, but a summary/application written by unelected bureaucrats.  A good lawyer will find the actual law behind any US code cited as justification for injustice.