To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
So WHY has congress neglected its responsibility to enact legislation to prosecute and punish agents of al qaeda? It is the height of stupidity to expect to do so within a judicial system designed for American citizens.
Finally, practically every act, law or rule invented by the POTUS without the consent of congress is unconstitutional...