The constitution is just a piece of paper, nothing else. The courts interpret it however they want and the military obeys its officers, and the officers obey Globohomo.

What legal basis you have is absolutely irrelevant. Affirmative action, same sex marriage, Roe v Wade and the civil rights act are all violations of the constitution. It doesn't matter, because the courts don't interpret it that way.

Ultimately power is about a monopoly of force, if you had a huge alien army you could be King of Americ and make whatever law you want, and that would be true law of the land because everyone would be forced to follow it