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1 1 (December 20, 2024)

handle is hein.crs/goverts0001 and id is 1 raw text is: The Captures Clause (Part 1): Overview, Historical Context, and Drafting History December 20, 2024 This Legal Sidebar is the first installment in a two-part series discussing Congress's power to make rules concerning Captures on Land and Water derived from Article I, Section 8, clause 11 of the Constitution. This provision, sometimes called the Captures Clause, provides Congress with authority to regulate the capture, condemnation, and distribution of enemy property. In addition, the Department of Justice's Office of Legal Counsel in a 2009 memorandum argued that the Framers of the Constitution understood Congress's power to regulate captures to include the capture of enemy prisoners. Because the Captures Clause gives Congress control over the treatment of enemy property and, arguably, the treatment of enemy prisoners, Congress may find the Captures Clause to be of interest. Part 1 of this series provides an overview of the Captures Clause, examines its historical context, and discusses its drafting and ratification history. Part 2 examines the Supreme Court's jurisprudence interpreting the Captures Clause and the role of captures in U.S. practice. Overview of the Captures Clause James Wilson, one of the Constitution's Framers, described the power to regulate captures as naturally connected to Congress's broader set of war powers, including its powers to declare war and issue letters of marque and reprisal that immediately precede the Captures Clause. From the Founding era to the War of 1812, the United States encouraged naval commanders and privateers to capture enemy vessels by granting a financial award, known as prize money, to successful captors. The system for awarding and distributing prize money was a critical component of early American military strategy and international relations, and the Captures Clause grants Congress the power to make Rules governing it. Congressional Research Service https://crsreports.congress.gov LSB11253 CRS Legal Sidebar Prepared for Members and Committees of Congress