To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; Article One Section Eight #11
But, does congress have either the guts or the moral fortitude to grant letters of marque and reprisal ?
Only time will tell, but I some how think that the leftist commies in the congress and the senate will once again rule the day.
So, maybe we had just better go ahead and try the terrorist by military tribunal.
Nukem
Is there a Constitutional requirement that we have to name them? I haven't heard of it, nor have any of the Constitutional scholars I've heard discuss the subject suggest that there is.
We can declare war on "terrorists and the states that harbor them." We can issue the declaration in such a way that we can later name the states was we see fit.
I understand that this is still fairly open-ended, but at least less so than what we have now. Absent that, I'd be willing to consider your "marque and reprisal" suggestion.
Either way, what we have now is insufficient protection for any suspension of civil liberties. We need to do this right, and the failure to do so has been one of the few glaring shortcomings of President Bush's handling of the War on Terror.