We are at “war paradigm.”
Exactly. There is zero guidance from the constitution on what is considered an official declaration of war. Technically if congress officially proclaims we are at war and votes to fund the proclamation, once signed by the president we are at war. This 10 plus year “War on Terror” is just the latest example.
Additionally, since we are in a state of war the congress has the constitutional authority under Article I section 8 to establish tribunals that are inferior to the supreme court for the purpose of dealing with piracy and other felonies.