January 14, 2011 06:24:20 PM
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Economist

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Article One, Section 8, clause 11

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Congress shall have [the] Power ... to grant Letters of Marque and Reprisal.

The power to declare War is against other nations. But against AlQaeda which is a non-state actor, Congress would authorise an act of Reprisal or Letter or Marque.

We want to hear about your favorite passage of the constitution, and may invite you to follow up on-air or online. Need a refresher? Here it is.