Posted on Monday, March 17, 2025

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by W. J. Lee

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A long-dormant but nonetheless formidable congressional power could rewrite the terms of engagement in the Trump administration’s battle against drug cartels.

The authority to issue “letters of marque and reprisal” has been enshrined in the U.S. Constitution since the beginning of our country. Article I, Section 8, Clause 11 grants Congress the power “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” In other words, it authorizes individuals or entities—known as privateers—to attack and capture enemy combatants and their possessions. Privateers then profit from the seizure of goods or assets they successfully deliver to law enforcement.

Yes, you read that right. The Constitution gives Congress the express power to sanction individuals as pirates and marauders on behalf of the United States of America.

This provision reflects the Founding Fathers’ recognition of privateering as a legitimate tool to combat hostilities against the American people. The first letters of marque were issued during the American Revolutionary War, and they were used extensively in the War of 1812, successfully incentivizing private groups to challenge the superior British Royal Navy and commerce vessels.

Although the U.S. government hasn’t issued a letter of marque since the 19th century, Republican Senator Mike Lee of Utah wants to redeploy this power to cause maximum disruption to modern drug cartels.

“Using letters of marque could be a novel, but effective response to unique threats posed by drug cartels,” Lee posted on X. He envisions Congress authorizing “private security firms or specially trained civilians to intercept cartel operations.” The focus would be tracking down high-value targets and seizing drug shipments, boats, vehicles, cash, gold, and other equipment used in criminal enterprises.

We are closer now to operational control of the southern border than at any time in the last four years, thanks to President Donald Trump declaring the illegal immigration crisis an “invasion” and a national emergency. His order authorized Defense Secretary Pete Hegseth to deploy thousands of active-duty and National Guard troops. As a result, illegal border crossings have plummeted by more than 90 percent and are on track to reach levels not seen in more than 50 years.

But America’s vast land and sea borders are difficult to defend from elusive international crime gangs operating in remote areas. While our military presence on the border is overdue and necessary, the cartels are prepared to play the long game. They know that, eventually, the military’s attention will be diverted elsewhere.

Once our borders are fully secure, we need a long-term strategy to sustain pressure on the serious threat lurking just across the Rio Grande, waiting for the slightest lapse in attention – or another open borders Democrat in the White House – to once again begin flooding our country with drugs and crime.

These challenges are part of the “unique threat” Senator Lee believes privateers could be equipped to combat. Private entities operate with more agility and can adapt quickly to the shifting tactics of cartels, Lee argues. America wouldn’t have to risk the lives of our brave men and women in uniform. And it could all be accomplished at a reduced financial burden to taxpayers since privateers work on a commission of what they recover and return to the government.

Detractors of this bold strategy will argue that the 1856 Declaration of Paris banned the use of privateering by nation-states. But the U.S. never signed that treaty, and anyone claiming that abstract legal principles should supersede our sovereign interests of national security clearly does not understand the seriousness of the threat America faces. It is no coincidence that opioid overdose deaths skyrocketed during the Biden administration as the border descended into chaos.

For decades, drug cartels have waged relentless terror campaigns that have shattered the lives of millions of Americans. Their reign of destruction has left families broken, communities ravaged, and our nation under siege.

On the very first day of his second term, President Trump struck back with decisive force, initiating the process to designate these cartels and other transnational gangs as Foreign Terrorist Organizations and Specially Designated Global Terrorists. Just last month, this designation became official, branding eight notorious groups—including Tren de Aragua, MS-13, and the Sinaloa Cartel—as terrorist entities. This historic action arms law enforcement with unprecedented tools to crush these vile organizations and halt their deadly grip on our country.

The Trump administration is unleashing a barrage of innovative and unrelenting tactics to dismantle this existential threat. Now, it’s time for Congress to rise to the occasion and revive a weapon forged by the Founders themselves: the power to issue letters of marque and reprisal.

Senator Lee is right—why let this constitutional authority gather dust when it could strike at the heart of the cartels? We must wield every tool in our arsenal to shield the American people from these predators.

Capitol Hill is beginning to stir on this front. Rep. Tim Burchett of Tennessee and Rep. Mark Messmer of Indiana have stepped forward with the Cartel Marque and Reprisal Authorization Act of 2025, a daring proposal to empower President Trump to commission privately armed and equipped forces to hunt down cartel kingpins and seize their blood-stained riches. “It’s time to get creative about how we face these threats,” Burchett wrote in a press release. Messmer has likewise called the bill “another arrow in our national security quiver.”

Congress must act—hesitation is not an option when American lives hang in the balance. Trump has proved that bold action to protect our people will yield victory. It’s time for every constitutional tool to be unleashed and wielded with relentless force against these drug cartel terrorists.

W.J. Lee has served in the White House, NASA, on multiple political campaigns, and in nearly all levels of government. In his free time, he enjoys the “three R’s” – reading, running, and writing.

(Editor’s Note: The author is unrelated to Senator Mike Lee notwithstanding the same surname, but he asserts that politically they are blood brothers.)