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Has anything actually invalidated the old piracy laws? Not that they are directly applicable, but I'm fairly certain that they allowed you to pretty much do whatever you wanted when it came to preventing piracy.
Personally, I quite like the "commandoes on a ship" idea.
No. In fact, the old law and procedure that was written into the constitution is better than what the idiots come up with today. The founders were wiser than the contemporary politician by several orders of magnitude. Remember the Blackwater controversy? Yeah, the government contracted with them but forgot to include the most important part of how Letters of Marque work. With Letters of Marque and Reprisal, the contractors have to post bond before they get their contracts. If they don't follow the rules of war, they don't get their bond back, and they don't get the reward money either.