Exactly, that's why a Letters of Marque is ridiculous. That's what the original intent of the term was.
A letter of marque—or letter of reprisal—is the means by which a government authorizes a civilian to arm a private ship in order to attack and plunder the merchant ships of an enemy nation during war. This is the meaning the term had acquired by the eighteenth century. In earlier use, it referred to the means by which a government righted a private wrong against one of its citizens. For example, if an English trader had his goods stolen in Holland and could not receive satisfaction through the Dutch legal system, the English government might grant him a letter of marque. He was then authorized to seize any Dutch ship to regain the value of the goods stolen from him.
We have no legitimate quarrel with Afghans. Remember we are supposedly only interested in Bin Laden's person and possibly the destruction of the al Qaeda bases on their soil. (Al Qaeda bases on Bosnian and Albanian soil are just fine.) The perps of the initial attack might be completely dead. If so, we have absolutely no justification for killing anyone.
"Letters of Marque and Reprisal" was meant to right a wrong done onto a citizen. If this is your answer to the problem, we would have the family members of every citizen that was injured or killed as a result of 9-11, legally being able to set out on their own to kill an equal amount of Arab citizens.
Also, let's not forget the Pentagon was also attacked, so your answer to the problem would allow for the US military to feel free to seek out and destroy an equal number of Talibanis as who died at the Pentagon (whether or not they had anything to do with the attack on us). That's why your "solution" to the problem is totally ridiculous. Or President choose WAR against those who gave safe harbor to the perpetrators.
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Article I, Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers,
When Congress passed The War Powers Act of 1973. (Public Law 93-148. 93rd Congress, HJ Res. 542. November 7, 1973). They effectivly gave the choice of using the military to the head of the Executive Branch of the government. He choose WAR (with the consent of the congress).
SEC. 2. (a)
It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicate by the circumstances, and to the continued use of such forces in hostilities or in such situations.
SEC. 2. (b)
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
SEC. 2. (c)
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.