I happen to agree with you on the declaration of war. I think that Congress should actually have the balls to declare war if they're going to get the US Military involved into shooting operations. However I think you have a simplistic view of conventional war, much less asynchronous warfare. It's not even the first time we've 'declared' war against non-state actors, the Barbary wars soon after we became an independent state from Britain being examples there.
Second, just being a citizen of a country, or within the country, is NOT sufficient evidence for them to be a target under LOAC(Law of Armed Conflict). They have to be supporting the war effort in some material way, and generally not just by paying taxes.
By this logic could China use a drone to kill an Chinese citizen in the US if they believe he holds a high position in Falun Gong?
You've missed much of the context of my original post on this topic if you believe this to be valid. Though I'll admit that in reality the politics behind these sorts of operations becomes very complex, and there's still a huge amount of 'might makes right'. Like it or not, being an 800 pound gorilla means that you can push the 200 pound ones around, at least until you piss off enough of them that 5-10 of them are willing to make a coordinated effort. It becomes even more complicated when the 800# gorilla has friends between 500-700# who agree(at least behind closed doors) with their actions.
Getting back on point, your logic generally fails in that said member is unlikely to be an imminent threat while in the USA, capture IS feasible - if they can collect enough evidence the USA will hand him back. Anwar al-Awlaki had essentially a private military force on par with the state's military, so that wasn't an option there. Adherence to applicable war principles - we have an authorization for military action, we're not targeting random civilians, there's a military justification for targeting him, etc...
In addition you have politics. In general we try to have permission from whatever country we're bombing(but not at war with) to bomb the specific targets that we attack. However, the USA doesn't have militias and independent forces that are competitive with the US military running around and is unlikely(in the extreme) to grant any such permission. The alternative is to do without it, which risks the full range of state responses, from strongly worded letters to sanctions to outright declarations of war. Yes, if we bomb Country X in pursuit of killing/destroying Al Qaeda we have to worry about them declaring war on us if we don't have permission. Country X also has to weigh the consequences of declaring war on us in response to our violation of their sovereign territory. Other than that, UN Sanctions are also possible, but if a country is willing to keep going in the face of it(and ask North Korea, Cuba, and numerous other states how much they care about UN Sanctions...), it's still an option. Really, country-level politics is a lot more like primitive tribal law than modern law. Might makes right in way too many cases.
It seems to be a dangerous blurring of the line between law enforcement and war.
The terrorists did much of the blurring when they turned into instruments of war themselves by forming what amounts to irregular forces and taking over measurable amounts of territory. They might not be the formally recognized government in those regions, but they are effectively the local government there. We're talking about zones where if the state military tried to go in there there would be real battles with hundreds/thousands killed.