From Pirates to Enemy Combatants: R.T. Naylor traces the birth of the American Military-Industrial Complex and illustrates the striking parallels between Thomas Jefferson's naval war on the Barbary Coast states and Bush's War on Terror.
http://www.counterpunch.org/I am glad that someone elese has seen this resemblance.
There is no constitutional guidence on the proper authority for the treatmnt of "combatants" "terorists" or stateless soldiers , but that Congress has authority to prosicute pirates and comision their prosicution is.