H.R.1238 - Cartel Marque and Reprisal Authorization Act of 2025 (119th Congress)
Summary
H.R.1238, the "Cartel Marque and Reprisal Authorization Act of 2025," aims to authorize the President to issue letters of marque and reprisal against cartels and cartel-linked organizations responsible for acts of aggression against the United States. This bill grants the President the power to commission privately armed individuals or entities to seize persons and property of cartel members outside U.S. boundaries.
The bill defines "cartel" by referencing Executive Order and existing law related to transnational criminal organizations.
The bill requires security bonds to ensure adherence to the terms and conditions of the letters of marque and reprisal.
Expected Effects
If enacted, this bill would empower the President to use private actors to combat cartels operating outside the U.S. It could lead to increased pressure on cartels and potentially disrupt their operations.
However, it also raises concerns about oversight, accountability, and the potential for unintended consequences.
The bill's impact on international relations and the rule of law would depend heavily on how the authority is implemented.
Potential Benefits
- Could disrupt cartel operations and reduce their ability to harm the United States.
- May deter future acts of aggression by cartels.
- Provides an additional tool for the President to address national security threats.
- Could lead to the apprehension of cartel leaders and the seizure of their assets.
- Aligns with the constitutional power of Congress to grant letters of marque and reprisal.
Most Benefited Areas:
Potential Disadvantages
- Potential for abuse and unintended consequences due to the involvement of private actors.
- Risk of escalating conflicts and undermining international law.
- Concerns about oversight and accountability of private actors operating under letters of marque and reprisal.
- Could damage the international standing of the United States if not implemented carefully.
- Potential for misidentification of individuals as cartel members, leading to wrongful targeting.
Constitutional Alignment
The bill cites Article I, Section 8 of the Constitution, which grants Congress the power to grant letters of marque and reprisal. This aligns with the enumerated powers of Congress.
However, the delegation of this power to the President raises questions about the separation of powers and the extent to which Congress can delegate its authority.
The constitutionality of using private actors in this manner has not been definitively established and could be subject to legal challenges.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).