Time to Revisit Ron Paul's Marque and Reprisal Act of 2001

John R. Stoeffler (a Ballwin resident and president and cofounder of the Madison Forum, a constitutional think tank dedicated to upholding the principles of the U.S. Constitution and the Declaration of Independence) writes at http://jeffcountyjournal.stltoday.com/opinions/sj2tn20080726-0727ndj-sto...

"Article I, Section 8 of the Constitution supplies the answer: Congress should grant Letters of Marque and Reprisal.

Just what are "Letters of Marque and Reprisal" you ask?

In simplest terms, Letters of Marque and Reprisal are an official grant by Congress giving the recipient(s) a legal right to capture and kill enemies of the United States or its citizens wherever they are found. Similar to warrants issued for search, arrest, seizure, or a death warrant, the Letter incorporates a degree of specificity that ensures the authority granted does not exceed the intent of Congress-Congress, not the president, for under the Constitution only Congress can issue these letters. In the case of Osama bin Laden, his lieutenants, and any member of Al-Qaeda, the formal statement and scope of the Letter would authorize the recipient(s) to pass beyond the borders of any nation with the specific goal of capturing or killing this vermin and his followers. Because the Letter is considered a retaliatory measure short of a full declaration of war, its intent is to justify the action taken to other nations who might otherwise consider such activity to be an act of war.

In the course of researching this topic I discovered Congressman Ron Paul (R-TX) had proposed this very scenario following the attacks on 9/11/2001. His bill was titled the Marque and Reprisal Act of 2001. But like those who died in the Twin Towers that fateful day, Paul's proposed legislation never had a chance. Maybe the reason for its demise was the sponsor, as Congressman Paul is looked upon by many of his colleagues in the House as a gadfly. Maybe the timing wasn't right, but given the inability of our government to get bin Laden I think the time for enacting Congressman Paul's legislation has arrived."