What I'm saying is that "constitutionality" doesn't have much weight in the Fallout universe. The official pre-war Government (whoever that was) clearly killed United States citizens and was quite unconstitutional by our definitions. Take that as you will.
If the Enclave is the government, then the area of the territorial United States shrunk to only those areas that the Enclave (as the United States Government) exercised control over.
I see. So then, when the United States purchased the Louisiana Territory, it was not a part of the country? Or all the other territories, that at this time were not states, were nit a part of the USA? See, the USA owned this land. This land, was populated by citizens. These citizens formed local government. Eventually, they would become states.
In the meantime, the citizens had all the rights of citizens. In some instances, the support of the federal army, to protect them.
So, then in the FO world, the USA does not lose this land. It is not occupied by a foreign country. You are claiming the USA is only a rig, which is just an object, and Navarro. I beg to differ, that IF the Enclave was the government, or just claiming to be the government, then it was their duty to protect these people. Otherwise, they have no right to be the gov't or even make a claim that they are. Sure, they can claim it, but actions speak louder than words, and basically, they are full of cow patty.
They are traitors to the people.
Now, you can say the pre-war government wasn't awesome, that they did some shady stuff. But, as far as we know, mass murder of the USA was not on the list.
I am guessing you don't want the Enclave to be portayed as some evil group, that is only self-serving. But unfortunately, government or not, they basically are. If the pre-war govt was evil, well the Enclave have out eviled them.
It seems like you are trying to justify the Enclave actions of killing people with FEV, by claiming well, they are not citizens, and it not even the USA. But, according to Richardson, and Eden, it isn't about citizens, it is about mutation. Yet, Richardson even going to kill those who are pure-strain, even though he has verts and could reach them and give them the vaccine. But, they do not want to, because they are self serving.