But in reality, drugs aren’t military arms, traffickers aren’t terrorists, the US wasn’t attacked, and isn’t at war. That has to matter.
Pretend drug traffickers are terrorists (they’re not).
Pretend overdoses are armed foreign attacks (they’re not).
Pretend “the president says so” means Congress has no role (it doesn’t).
Voila, legal. When factual reality is irrelevant, any law can apply.
But in reality, drugs aren’t military arms, traffickers aren’t terrorists, the US wasn’t attacked, and isn’t at war. That has to matter.