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The Constitution of the United States of America states in Article I, Section 8, that the Congress shall have the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; Therefore Congress was not forbidden to grant letters of marque. That power was reserved exclusively for the Congress.

UPDATE: The Declaration of Paris (1856) and The International Peace Conference (Hague, 1907) outlaw the granting of letters of marque and reprisal by signatory nations ... of which the United States of America is included. Thus, Congress is specifically forbidden to grant such letters, despite the Constitution.

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