Elaine Supkis, Ron Paul Wrong on Letter of Marque and Reprisal, CULTURE OF LIFE NEWS (May 10, 2011, 2:32 PM), http://e,smews/wordpress.
Marshall, Putting Privateers in Their Place: The Applicability of the Marque and Reprisal Clause to Undeclared Wars, 64 U.
Westby, supra note 147; Susan Brenner, Marque and Reprisal, CYB3RCRIM3 BLOG (May 18, 2009, 7:39 AM), http://cyb3rcrim3.
It makes the president commander in chief, (27) but at the same time it gives Congress many war-related powers, such as the power to declare war, to raise and support armies, to make rules for the government and regulation of the armed forces, and to grant letters of marque and reprisal.
Consistent with a narrow understanding of "Commander in Chief," Article I gives Congress the power to "raise and support Armies," (127) to make rules for "the Government and Regulation of the land and naval Forces," (128) and to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.
With both captures and letters of marque and reprisal, the Constitution gave Congress control over important questions of eighteenth-century international law related to war.
In a frequently cited article published during the Vietnam War, Charles Lofgren argued that the Framers' grant to Congress of the power to issue letters of marque and reprisal created a residual category of all forms of undeclared war.
The Law of Prize: Letters of Marque and Reprisal and Rules Concerning Captures on Water
Eventually, letters of marque and reprisal evolved into commissions "to fit out an armed vessel and employ it in the capture of the merchant shipping belonging to the enemy's subjects, the holder of [a letter] being called a privateer or corsair.
The weapon our country's founders crafted in the Constitution to defend our nation against terrorism on the high seas were for Congress to grant letters of marque and reprisal.
The September 11 Marque and Reprisal Act of 2001 would allow the president to appoint such forces.
Once current law is extended beyond the high seas to the skies, then Congress can take the next step, granting letters of marque and reprisal to guide and limit the utilization of non-government armed forces against the current terrorist threats.