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.

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“The Militia of the Sea,” The Volokh Conspiracy, August 12, 2026.