The forming of the Confederacy wasn’t “legal” either.
We can handwave away concerns about mounting threats of violence by citing regulation and law, but none of that actually addresses the underlying issue that if these people want to start shit, they will find an avenue.
And let’s also not sit here, in 2024, and assume the institutions, norms, checks, and intended safeguards in our system will always work when they need to. We’ve seen far, far too many breakdowns and failures in our system over the last decade to believe otherwise.