The Militia of the Sea
By Stephen P. Halbrook
The Volokh Conspiracy
August 12, 2026
Jonathan Goldstein, Adjunct Professor at University of Pennsylvania Law School, has published a comprehensive analysis of the power of Congress to “grant letters of marque and reprisal, and make rules concerning captures on land and water,” U.S. Const., Art. I, § 8, cl. 11. Historically, this meant that private citizens could possess cannon and ships and could wage war at sea on enemies approved by Congress.
“The Militia of the Sea,” The Volokh Conspiracy, August 12, 2026.
