Judge Napolitano is trained in law, not foreign policy or ideology. He hasn't even been following current events.
As a matter of fact, Iran has attacked America many times, starting with nationalization of western-owned oil infrastructure, and continuing with embassy hostage seizing, embassy destruction, barracks destruction, attempted terrorist assassination on US soil, and attacks on US soldiers. Not to mention, threats of nuclear holocaust.
Drone attacks in a war zone do not violate the US constitution. During WWII, non-Germans joined the SS and did not receive any special immunity from their native country.