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The U.S. Constitution explicitly grants Congress the power to issue letters of marque and reprisal (Article I, Section 8, Clause 11), providing a legal foundation for privateering. This concept remains an option under U.S. law. //
Engaging privateers to target the Russian ghost fleet could also have the secondary effect of incentivizing international shippers to register under the U.S. flag. The prospect of U.S. Navy protection against potential retaliation by Russia or other adversarial powers would be a significant draw for these companies. Currently, U.S.-flagged vessels are entitled to the protection of the U.S. Navy, providing a security assurance that can be crucial in unstable maritime environments.
This shift could bolster the U.S. merchant marine fleet, enhance national security, and ensure better compliance with international laws and sanctions. Moreover, a larger U.S.-flagged fleet would create a more robust logistical network — absolutely vital in deterring the PRC across the vast expanse of the Pacific.