Republican lawmakers have introduced legislation that would allow the U.S. president to authorize private citizens to seize drug cartel assets, reviving a constitutional power last used more than 200 years ago. The proposal, backed by Rep. Tim Burchett of Tennessee and Sen. Mike Lee of Utah, would permit the issuance of letters of marque and reprisal to target cartel-linked vessels and property outside the United States.
Burchett discussed the bill during a recent appearance on Fox & Friends Weekend, arguing it could serve as an additional tool amid heightened political focus on drug trafficking. Newsweek reached out to Rep. Burchett’s office for comment via email.
Why It Matters
The proposal raises significant legal, diplomatic, and national security questions, including how far the U.S. can go in combating transnational criminal organizations without deploying the military. It also reopens debate over Congress’s rarely used constitutional authority to license private force, outlined in Article I, Section 8 of the U.S. Constitution. The bill comes as lawmakers debate broader strategies to counter fentanyl trafficking and cartel violence, an issue that has drawn bipartisan concern.
What To Know
The legislation, titled the Cartel Marque and Reprisal Authorization Act, would authorize the president to commission private parties to seize cartel property or vessels operating beyond U.S. borders. According to a House press release from Burchett’s office, the authority would apply to organizations deemed responsible for aggression against the United States through drug trafficking or related activities.
Supporters point to Congress’s explicit power to grant letters of marque, a mechanism historically used during the War of 1812 to supplement naval forces. Sen. Lee’s office has argued the bill would allow the government to disrupt cartel finances without formally deploying U.S. troops, according to a statement published by Utah Policy.
Legal scholars, however, have questioned how the proposal would interact with modern international law and anti-piracy conventions, which generally prohibit private armed action at sea. Commentary published by Above the Lawnotes that the bill does not resolve how foreign governments would be expected to consent to or recognize such seizures.
Caveat: The bill itself does not establish evidence that privateering would reduce drug trafficking, nor does it detail enforcement mechanisms or safeguards against misuse. The legislation is still pending and has not advanced beyond committee referral, according to Congress.gov.
What People Are Saying
Rep. Tim Burchett, speaking on Fox & Friends Weekend, said the bill would give the president “another option” to confront cartels operating beyond U.S. jurisdiction, according to Fox News.
Sen. Mike Lee, in a written statement released by his office, said the measure would “use a constitutional tool to target cartel assets where they operate,” arguing it could deter trafficking without expanding the military footprint. Lee’s full statement was published by Utah Policy.
Legal analysts cited by The Washington Post have warned that reviving privateering could blur the line between state-sanctioned action and piracy under international norms.
What Happens Next
The House and Senate versions of the bill have been referred to committee and would need hearings and floor votes before advancing. Any authorization of letters of marque would require subsequent presidential approval, according to the bill text posted on Congress.gov.
