His attitude toward the war and especially his vote for George Ashmun's amendment to the supply bill at this session, declaring that the Mexican War was "unnecessarily and unconstitutionally commenced by the President," greatly displeased his constituents.
His despotism consists not in any attempt to rule unconstitutionally, but in the extraordinary degree to which he was able to use constitutional means in the furtherance of his own personal ends.
Mary, according to Ruthven's published account, had herself unconstitutionally named the executive committee of parliament, the Lords of the Articles, who were usually elected in various ways by the Estates themselves.
The right to return members to parliament was claimed for all communities; and since this right was unconstitutionally withheld, unrepresented towns were invited to exercise it in anticipation of its formal concession.
Under Comonfort, who then succeeded Alvarez, Juarez was governor of Oajaca (1855-57), and in 1857 chief justice and secretary of the interior; and, when Comonfort was unconstitutionally replaced by Zuloaga in 1858, the chief justice, in virtue of his office, claimed to be legal president of the republic. It was not, however, till the beginning of 1861 that he succeeded in finally defeating the unconstitutional party and in being duly elected president by congress.