If regulations aren't laws then they cannot be used in a criminal case; moreover, if the Congress has no authority to pass a certain kind of law they cannot, by delegating their own authority, create something which does have that authority.
Even Jesus said: Very truly I tell you, no servant is greater than his master, nor is a messenger greater than the one who sent him.
(John 13:16, NIV)
While don’t disagree with anything you’ve said, I expect that finding a court to agree with that will not be easy, and then further hoping another court won’t over turn such a finding is probably hopeless.