youngbuck
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- Oct 27, 2007
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A family member forwarded this this via email to me earlier:
One alternative to U.S. military action against terrorists who have attacked the U.S. and other countries, and are threatening further attacks, is to enact Letters of Marque and Reprisal. Article I, Section 8, paragraph 11 of the U.S. Constitution authorizes Congress to "grant Letters of Marque and Reprisal, and make rules concerning captures on land and water." A "reprisal" means an action taken in return for some injury. A reprisal could be a seizing of property or guilty persons in retaliation for an attack and injury. It could include forced used against the perpetrators for the redress of grievances. A reprisal could even involve killing a terrorist who is threatening further harm and cannot be captured.
"Marque" is related to "marching" and means crossing or marching across a border in order to do a reprisal. So a Letter of Marque and Reprisal would authorize a private person, not in the U.S. armed forces, to conduct reprisal operations outside the borders of the U.S.A.
Such Letters are grantable not just by the U.S. Constitution, but also by international law, which is why it was able to be included in the Constitution. The Letters are grantable whenever the citizens or subjects of one country are injured by those in another country and justice is denied by the government of that country, as happened with the attack by persons who were in Afghanistan.
In October 2001, Ron Paul, U.S. representative from Texas, introduced bills H.R. 3074, Air Piracy Reprisal and Capture Act of 2001, and H.R. 3076, September 11 Marque and Reprisal Act of 2001, to authorize the U.S. State Department to issue such Letters. Private U.S. citizens would then be able to hunt down, attack and collect assets from terrorists who have or are planning to commit hostile acts against the U.S. and its citizens.
The Founders of the U.S. Constitution included Marque and Reprisal in addition to authorizing Congress to declare war, so that in some cases, the U.S. government would not have to engage the military and have a costly war. The risk would then be concentrated on those who chose to engage in the reprisal. This empowers private citizens to protect themselves and other Americans.