In particular, because "makes sense" is a MUCH wider criterion than "supporting and defending the Constitution".
Then.... why did you say it?
Because I don't think that Hering's preemptive grab of authority ("I will use or not use the nukes depending of what I think is right regardless of what my orders say") falls under "supporting and defending the Constitution". I think it falls under "makes sense to me".
It is Petrov Day again, partially thanks to Stanislaw Petrov.
http://lesswrong.com/lw/jq/926_is_petrov_day/