About 1982 or so, I officially suggested, through channels, that the U.s. government issue “Letters of Mark” , and provide coordination equipment and weaponry appropriate to the task, to private contractors to assist in the interdiction of narcotics smugglers off the Florida coast.
I got my ass verbally handed to me and damned near got suspended.
I still think it is a fine idea and one that could work.
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;..."
Now, since the Letters of Marque would be issued to private citizens, they wouldn't be part of the armed forces, and therefore not under the Presidential CinC power, right? Could the Congress use this to do an end run around the Executive branch and the State Dept.? Or would a vessel carrying a LoM be considered a "militia"?
Not, of course, that our present Congress would have the balls for this, but it would make for a good Clancyesque type novel plot.