Mike Lee Hands Trump a Power Nobody Expected

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Lee explained the historical and constitutional basis for the move without hesitation.

“The Constitution provides for Letters of Marque and Reprisal as a tool against the enemies of the United States,” Lee stated. “Cartels have replaced corsairs in the modern era, but we can still give private American citizens and their businesses a stake in the fight against these murderous foreign criminals.”

This is not about deputizing random bounty hunters. Lee is talking about reviving privateers—private operators legally empowered by the federal government to take the fight directly to America’s enemies.

The United States last issued letters of marque during the War of 1812, when President James Madison authorized more than 500 private ships to attack British commercial vessels. Those privateers seized tens of millions of dollars in enemy property and helped cripple British supply lines at a time when the young U.S. Navy was stretched thin.

Now Lee believes the same strategy can be applied to modern cartels that flood American streets with fentanyl and terrorize communities along the southern border.

Under the bill, President Trump would be authorized to commission “privately armed and equipped persons and entities” to seize cartel personnel and property “on land or sea” beyond U.S. territory.

Importantly, this authority would not be limited to maritime operations. Lee’s office confirmed that land-based actions are explicitly covered, meaning licensed private operators could legally pursue cartel operations in Mexico, Central America, or anywhere these terrorist organizations operate.

There are safeguards. Any private entity seeking a letter of marque would be required to post a security bond before receiving authorization, ensuring compliance with federal rules and oversight requirements.

But the broader implication is unmistakable.

Earlier this year, Trump formally designated major cartels—including the Sinaloa Cartel, Jalisco New Generation Cartel, and Gulf Cartel—as foreign terrorist organizations. That designation places them in the same category as ISIS and Al-Qaeda under U.S. law.

Once labeled terrorists, these groups are no longer merely criminal enterprises—they are official enemies of the United States.

Lee’s bill provides Trump with a way to strike cartel finances and leadership aggressively without deploying U.S. troops or getting bogged down in diplomatic stalling tactics.

Private operators are not constrained by the same engagement rules as the U.S. military. They do not require new congressional authorization for each operation. And when cartel assets are seized—cash, vehicles, weapons, equipment—the proceeds are split between the privateers and the federal government.

That structure alone is enough to send Democrats into a meltdown.

Critics immediately claimed the proposal violates international law, citing the 1856 Declaration of Paris, which attempted to outlaw privateering. What they fail to mention is simple and decisive: the United States never signed that treaty.

The Constitution itself explicitly grants Congress the authority to issue letters of marque under Article I, Section 8, Clause 11. That power has never been repealed.

The Supreme Court has repeatedly affirmed Congress’s authority in this area, and Chief Justice John Marshall once explained why this power was centralized at the federal level, writing that denying it to the states made sense because “to grant letters of marque and reprisal, would lead directly to war; the power of declaring which is expressly given to congress.”

This isn’t legal improvisation—it’s settled constitutional law.

The House companion bill is being carried by Tennessee Congressman Tim Burchett, who made clear why this authority matters now.

“They push millions of dollars in fentanyl into our country with no regard for American lives,” Burchett said. “These cartels present a serious risk to our national security, and this bill would authorize President Trump to commission Americans to help defend our homeland.”

The timing could not be more critical. Cartels have reportedly threatened U.S. deportation flights and have operated smuggling networks with near-total impunity for years. Meanwhile, Washington politicians argued, delayed, and deferred action.

Trump has already begun deploying National Guard units to combat cartel-linked violence in American cities. Lee’s proposal takes the next logical step—hitting cartel operations directly at their source.

Private military contractors with decades of experience operating in hostile environments already exist. They know how to track high-value targets, seize assets, and disrupt networks quickly.

And unlike traditional military deployments, this strategy requires no new taxpayer funding.

Cartels possess billions in cash, gold, vehicles, aircraft, and equipment. Under the bill, drugs are destroyed—but everything else becomes lawful spoils.

That creates a powerful incentive structure: experienced Americans defending their country while bankrupting terrorist organizations.

No endless debates. No bureaucratic sabotage. No slow-walking by unelected officials.

Trump signs the letter. Privateers act. The cartels bleed.

That is exactly why the permanent Washington establishment is terrified—and exactly why Mike Lee’s proposal may be one of the most consequential national security ideas in decades.