General Discussion

LetMyPeopleVote

(144,920 posts) Tue Mar 1, 2022, 09:14 PM Mar 2022

Could Congress let you seize this Russian oligarch's yacht?

I doubt that this will happen, but it would be amusing

Link to tweet

Buried in Article I, Section 8 of the U.S. Constitution is a federal power that will probably be unfamiliar to a layperson. Among the powers granted Congress, it reads, is that to “grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” So what does that mean? It means the federal government is authorized by the Constitution to issue documents (letters of marque) that empower private individuals to legally seize foreign vessels.

The practice of privateering, as it’s known, is largely archaic, having been banned by treaty in most countries in the 19th century. But at the time, the United States declined to sign on, worried that doing so would cut off one way in which its naval inferiority could be offset. Were there a war between the United States and a foreign power with a substantial fleet, we could make up some of the difference with the enemy by issuing letters of marque that provided bounties for those willing to engage and destroy foreign ships. In fact, this was a significant factor in the Revolutionary War, during which Britain lost more than 550 ships to American privateers.

Over the past few decades, the idea of issuing letters of marque has been resuscitated on occasion, including by former Texas representative Ron Paul (R). After the 2001 terrorist attacks in New York and Washington, Paul proposed legislation that would allow privateers to “seize the person and property of Osama bin Laden and any other individual responsible for the terrorist attacks of Sept. 11.” He later floated issuing letters of marque to target pirates operating off the coast of Somalia, more in keeping with the tool’s history of combating piracy.

On Monday, Rep. Lance Gooden (R-Tex.) introduced the idea once again in the context of the yachts and jets owned by those oligarchs. In broad strokes, the theory is that the government would establish a system allowing private individuals to seize the vessels and, eventually, make them their own. So instead of that Ukrainian mechanic sinking his Russian boss’s yacht, he could theoretically have gotten some friends together, sailed it away from port and become its new owner.

This plan amuses me but it is unlikely that Congress will authorize the return of privateers

It’s extremely unlikely that Congress will enact this idea, of course, given both the questions and the downside risk (namely: stoking nuclear war). But, hey, these are unprecedented times. So you might as well keep an eye on Sweeney’s oligarch tracker. Next thing you know, you could be the proud owner of a very expensive jet.