Consistent with the position you have assumed regarding the constitutionality of attacked hostile military forces who happen to be U.S. citizens, my private army, which I will be using to attack the United States and/or it's allies with will be composed entirely of disgruntled U.S. citizens.

That way, I know that they cannot be constitutionally attacked and kiled in the field by U.S. forces without first being arrested and tried. Unless there is a republican president in office, in which case I expect it would be perfectly ok.