The DOJ argument is BULLSHIT, here's why:

[Walt Starr]

The DOJ argument about enumerated powers under Article II of the Constitution is so much bullshit, to whit:

First off, Article V of the constitution is clear about what portions of the constitution amendments would affect:

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

And thus, any implicit powers for a president during war enumerated within Article II of the constitution could explicitly be curtailed by any amendment to the constitution made at any time after ratification of the constitution, ergo, Amendment IV trumps claimed powers enumerated in Article II to whit:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This turns the argument of the DOJ on its ear. It is a moot point because claiming power to search and seizure against the people of the United States under enumerated powers under Article II of the constitution CANNOT withstand the precedence of any amendment to the constitution.

The argument of the DOJ is not worth the paper it is printed on.

And that's not even taking into account the fact that this is not a time of war as defined by Article I, Section 8 of the Constitution!