I've never heard of the Competitive Enterprise Institute until 2 minutes ago, and do not support their specific solution proposed.

I think one of the real challenges facing the choices in dealing with piracy is that all of them are very economically expensive, and doing something is as politically risky as doing nothing.

I would not dismiss the necessity to look at options that try to get the economy of violence in the world working for the international community for a change, instead of against the international community.

Where are our intellectuals?

Is it impossible to imagine a 21st century version of a letter of marque?

Everything can evolve under modern law, the problem is a lack of new ideas, and a tendency by too many to return to the classical, specific framework of old ideas before imagining concepts are subject to an evolution to a modern framework.

Now, do these apply to pirates/privateers, or could you use one to raid Cheney's home, for example?

um, allowing private parties to attack and seize the property of suspected lawbreakers isn't a "free-market solution." it's vigilantism.

As much as I love right-wing wackiness of this sort, let's be honest about the history of these letters of marque in the US.

When the Constitution was written, the Continental navy had been disbanded--that is, we had no navy at all. In such a situation, the ability to allow armed civilian vessels to operate as our navy was important. Now that we have the most powerful navy in the world, with hundreds of ships, the need for letters of marque seems limited at best.

Of course, the standing army was reduced to almost nothing after the Revolution as well, leaving the burden of defence in the hands of armed civilians. Now we have a standing army of over 1,000,000 men and women, but I will leave it to others to determine if the 2nd amendment is similarly outdated.

mg,

I wrote about the constitutional angle at the United States Naval Institute blog last night. Thomas Jefferson insured the language in the Constitution was specific regarding the role of Congress to raise Army an Army, but maintain a Navy. The language was not accidental.

It is inaccurate to suggest Letters of Marque were included in the Constitution because the US was without a Navy. Letters of Marque are a function of government to act as a force multiplier for maritime forces facing national challenges on the sea lanes, similar to the function a militia has on land.

I am not in favor of letters of marque in the historic sense, but I do believe we need ideas to create that force multiplier function on our sea lanes.

It doesn't have to be a national initiative, indeed it should be international.

So the idea is that wealthy entrepreneurs would outfit armed armadas to prey on the merchant ships of -- Somalia? That sounds like a profitable scheme.

You people have no romance in your souls, with your 'state monopoly on the use of force' and 'rule of law'.

Yarrrrr! Avast, ye Somali seadogs! Heave to and prepare to be boarded!

You'll end up with Blackwater on the high seas. If the piracy problem truly threatens a vital national interest of the US or other nations, then conventional naval power should be brought to bear. Force multipliers are not needed, just more forces.

I concede, I had to check a couple places to convince myself that this wasn't a parody institution, but if so, they fooled sourcewatch.

Which reduces me to "This is for real? They actually *said* that? How much alcohol was involved?"

How far fetched is it, really? Bush privatized about 40% of the Iraq War to Blackwater, et. al., and look at how well that worked.

The thing is, privateers made their profits off the prize ships they took not off any government bounties or rewards. Those Somali boats aren't worth an hour's fuel for a real ship.

Of course, traditionally, when privateers run out of legal prizes, they turn to real piracy, and it takes ten or twenty years to hunt them all down and hang them. Not cost effective at all.

raivo pommer-www.google.ee
raimo1@hot.ee

Japan 150 Milliard

Der japanische Ministerpräsident Taro Aso hat heute ein neues Konjunkturpaket im Umfang von 150 Milliarden Dollar vorgestellt.

In der Landeswährung sind das 15 Billionen Yen, in Franken 174 Milliarden. Zwei frühere Konjunkturpakete hatten einen Umfang von zusammen 12 Billionen Yen. Finanziert werden sollen die staatlichen Stützungsmassnahmen mit der Ausgabe neuer Anleihen.

Es gehe darum, den Lebensstandard der Bevölkerung zu sichern und weiteres Wachstum zu unterstützen, sagte Aso in einer Fernsehansprache. Die neuen Ausgaben haben ein Volumen von etwa drei Prozent des Bruttoinlandsprodukts. Die japanische Staatsverschuldung beträgt zurzeit 170 Prozent des Bruttoinlandsprodukts und ist damit so hoch wie in keinem anderen Industriestaat.

The Declaration of Paris, signed in 1856, bound the signatory powers to outlaw the issue of letters of marque and reprisal. The U.S. was not a signatory, but it indicated in subsequent conflicts (Civil War and Spanish-American war) that it intended to comply with the declaration, even though the Constitution authorizes Congress specifically to issue letters of marque and reprisal. Under the circumstances, this probably suggests that the positive law of the Paris Declaration has become an "international practice accepted as law," which would mean we're bound not to do it.

Hey Galrahn,

I didn't mean to imply that the *only* reason letters of marque were included in the constitution was because of the lack of a navy, but rather that, having no ships at the time and no plans for a large British-style navy in the near future, letters of marque were an important "force multiplier" as you say. This was important when the US navy had few or no ships. I would argue it is less so now.

Something that hasn't been mentioned is that according to the church of the Flying Spaghetti Monster all these pirates could be good news for the global warming problem.

“It’s the type of free-market solution to a real problem that Congress should consider but hasn’t in any serious way.” Lehrer added.

note: "privatization" is not free enterprise.

If tax money is being spent, it's not really private and it's not free enterprise or free market.

Just another way for the ultra-rich to fleece the middle and lower upper classes while exploiting third-world countries, as they finance ragtag pirate crews to loot cruise ships and merchant/shipping vessels, then send out their state-sponsored privateers to board and plunder the underequipped pirates.

D

One country's privateer was not another country's pirate. Privateers were treated like belligerents. If they surrendered, they were treated like military prisoners, not criminals.

That being said, it is refreshing to see wingnuts come out openly for complete military privatization, and claim the blessing of the US Constitution for it. Refreshing honesty!

"If I recall my history correctly, of course, one country's privateer was another country's pirate."

You recall your history wrongly. Indeed, by 1815 most of the Britich merchant marine carried letters of marque, just on the off-chance they came across an less well armed vessel from an enemy country.

I believe they even subsidised armaments for small vessels on the south coast to act as a kind of naval militia in the event of an invasion

Unfortunately for all the romance of returning now to those thrilling days of yesteryear, but with GPS and satellite cable, these "scholars" don't actually seem to grasp what letters of marque actually do. Letters of marque and reprisal legalize piracy, not punish it.

Letters are granted against flagged vessels of hostile nations, not rag-tag pirate clans. You don't need a license to hunt pirates on the high seas, anyone can do it. The only thing stopping maritime vigilantes is the fact that pirates don't have anything worth stealing that isn't, well, stolen. If the Blackwater Navy seized a ransom, I'm pretty sure Maersk has a team of lawyers who would get it back faster than you can say Blackbeard.

Unfortunately for all the romance of returning now to those thrilling days of yesteryear, but with GPS and satellite cable, these "scholars" don't actually seem to grasp what letters of marque actually do. Letters of marque and reprisal legalize piracy, not punish it.

Letters are granted against flagged vessels of hostile nations, not rag-tag pirate clans. You don't need a license to hunt pirates on the high seas, anyone can do it. The only thing stopping maritime vigilantes is the fact that pirates don't have anything worth stealing that isn't, well, stolen. If the Blackwater Navy seized a ransom, I'm pretty sure Maersk has a team of lawyers who would get it back faster than you can say Blackbeard.

u suck