[Fiji Hill]

This isn’t a neocon thing. Punishing piracy, “felonies committed on the high seas, and offences against the law of nations” is a power granted to Congress by the Constitution.

[Alberta's Child]

Do you really think the U.S. Constitution grants Congress the power to punish piracy against other countries? You'd be hard-pressed to convince me of that under any circumstances.

Keep in mind that the term "high seas" has a very specific legal connotation in the U.S. Constitution. It applies to areas outside the jurisdiction of any country, and it is used to address matters where the Army cannot operate under its constitutional limitations. That's why the terms "Navy" and "Army" are used separately in the Constitution. The Navy is designed to operate outside U.S. territorial jurisdiction. The Army is not.