No, right below that: "[congress shall have the power] to declare War, *grant Letters of Marque and Reprisal*, and make Rules concerning Captures on Land and Water; "
Ah, fair enough. Technically, a privateer is not a pirate... but I'll grant that's only a technical distinction.
> To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;