The cartels that poison our communities with fentanyl and violence do not wear uniforms, but their threat to American lives is no less dire than that of a foreign enemy—a threat that President Trump has repeatedly prioritized addressing through his decisive policies and actions aimed at dismantling their operations and securing our borders.

Senator Mike Lee of Utah has revived an idea as old as the republic itself, proposing the use of letters of marque and reprisal to combat the scourge of drug cartels. It is a strategy rooted in the Constitution, steeped in historical precedent, and tailor-made for the unconventional challenge posed by these non-state actors.

The U.S. Constitution’s Article I, Section 8 empowers Congress to “grant Letters of Marque and Reprisal.” These commissions historically allowed private citizens to engage in acts that would otherwise be deemed piracy, such as capturing enemy vessels during wartime. This mechanism provided an agile, cost-effective response to seaborne threats while adhering to the rule of law. Though it has not been used since the 19th century, the power remains a viable constitutional tool—one that could be repurposed to address modern-day non-state actors, like Mexican drug cartels.

In this case, issuing letters of marque would authorize private security firms or highly trained individuals to disrupt cartel operations. Such commissions could target supply lines, intercept narcotics shipments, or seize cartel assets—a modern adaptation of capturing enemy ships. Unlike military intervention, this approach would not require a formal declaration of war, aligning with President Trump’s emphasis on avoiding prolonged foreign conflicts while prioritizing national security and sovereignty for both the U.S. and Mexico in addressing this urgent threat.

Privateers to the rescue.