This wasn't a declared war. The "treason" article of the Constitution doesn't apply. One more reason not to shortcut the war declaration process.
You are correct. I forgot about that. But rather than fuss over the technicality, if the pubs ever regain the power they once had, they should pass legislation making it a death penalty offense to give aid and comfort to an enemy engaged in direct conflict with the U.S. or U.S. forces.