12/27/2025

 

Samuel Clifford

 

Introduction and Sponsor:

 

S. 3567, introduced in the 119th Congress (2025–2026), is sponsored by Senator Mike Lee, a Republican representing Utah. Senator Lee, known for his constitutionalist approach to federal authority and national security, frames this legislation as a response to escalating cartel‑related violence affecting U.S. citizens and interests.

 

Provisions of Bill:

 

At its core, S. 3567 authorizes the President of the United States to issue “letters of marque and reprisal” against individuals involved in cartel aggression toward the United States. Letters of marque and reprisal are constitutional tools (authorized in Article I, Section 8) that allow Congress to permit private individuals or groups to take action against foreign enemies on behalf of the United States. Historically used in the 18th and early 19th centuries, these letters empowered privately owned vessels—known as privateers—to capture or disrupt enemy ships, property, or operations during conflicts when the U.S. was not formally at war. In effect, the bill revives a rarely used constitutional tool to address modern transnational criminal threats.

 

Purpose of Bill:

 

The proposal emerges from growing frustration with the limitations of traditional law enforcement and military responses to cartel violence. For years, cartels have operated across borders with increasing sophistication, often outpacing the capacity of U.S. agencies constrained by jurisdictional and diplomatic boundaries. Supporters argue that existing frameworks have proven insufficient to deter cartel aggression, especially in cases involving kidnappings, attacks on U.S. citizens, and fentanyl trafficking. By enabling private actors to engage cartel targets under federal authorization, the bill seeks to fill a perceived gap in national security strategy.

 

Effects of Bill:

 

If enacted, S. 3567 could produce significant effects—both beneficial and controversial. On the positive side, proponents believe it could expand the United States’ ability to disrupt cartel networks, deter attacks, and respond more flexibly to transnational threats. It may also relieve pressure on federal agencies by supplementing their efforts with authorized private action. Critics also warn of potential negative consequences. The risk of escalating violence, complications in foreign relations—particularly with Mexico—and the ethical and legal challenges of outsourcing quasi‑military force to private individuals or groups. The use of letters of marque in the modern era raises questions about oversight, accountability, and unintended civilian harm.

 

Conclusion:

 

In conclusion, S. 3567 represents a bold and historically unusual attempt to confront cartel aggression through constitutional mechanisms seldom used since the early 19th century. Whether viewed as an innovative security tool or a risky expansion of private force, the bill underscores the urgency lawmakers feel regarding cartel‑related threats. As Congress evaluates the proposal, the debate will likely center on balancing national security needs with legal, diplomatic, and ethical considerations. The bill’s future will depend on whether legislators believe its potential benefits outweigh the significant risks inherent in reviving such a powerful and unconventional authority.

 

Sources:

 

S.3567 – 119th Congress (2025–2026): A Bill to Authorize the President of the United States to Issue Letters of Marque and Reprisal…. Congress.gov, Library of Congress, https://www.congress.gov/bill/119th-congress/senate-bill/3567.

 

GovTrack. “S. 3567 — 119th Congress: A Bill to Authorize the President of the United States to Issue Letters of Marque and Reprisal….” GovTrack, https://www.govtrack.us/congress/bills/119/s3567.

 

“S. 3567 | Congressional Chronicle.” C‑SPAN, https://www.c-span.org/congress/bills/bill/?119/s3567.

 

“US SB3567 | 2025–2026 | 119th Congress.” LegiScan, https://legiscan.com/US/drafts/SB3567/2025.

 

“S 3567 (119th Legislative Session).” FastDemocracy, https://fastdemocracy.com/bill-search/us/119/bills/USB00101689/.

 

Lee, Mike. “Lee Introduces the Cartel Marque and Reprisal Reauthorization Act.” Office of Senator Mike Lee, 18 Dec. 2025, https://www.lee.senate.gov/2025/12/lee-introduces-the-cartel-marque-and-reprisal-reauthorization-act.