Also known as: general reprisals · reprisal
Written by attorneys · grounded in primary & secondary sources — see below
A reprisal by which a nation directs all its military officers and citizens to redress an injury caused by another nation. The mechanism authorizes seizure of the offending nation's property wherever it is found.
After a foreign power seizes American merchant ships, Congress passes legislation directing all naval officers and private citizens to capture vessels belonging to that power. Genevieve Gardner, a ship owner, relies on the authorization to board and take an enemy vessel in international waters. The action proceeds without further congressional approval because the statute supplies the necessary general reprisal power.
State officials in State A order local merchants to seize cargo from a neighboring country in retaliation for trade violations. Gabriella Gomez, a State A importer, refuses to participate because the state directive violates the prohibition on state grants of reprisal authority. The federal government later confirms that only Congress may issue such authorizations.
Select any source to read its text and confirm it supports the definition.
During hostilities with Great Britain, President Madison issues commissions allowing private armed vessels to seize enemy goods located within the United States. Gwen Gallagher, operating a privateer, takes possession of British-owned merchandise stored in a Baltimore warehouse. The seizure is upheld because the general reprisal language in the declaration of war extends to enemy property already present in the country.
A federal statute requires disclosure of contributions to political committees. Guillermo Guzman, a donor to a minor party, argues that the requirement exposes him to harassment equivalent to unauthorized reprisal. The Court weighs the burden against the government's interest in preventing corruption and upholds the disclosure rule.
Baltimore officials divert streams that damage a private wharf. Gabriel Gonzalez, the wharf owner, claims the city action amounts to an uncompensated taking. The Court holds that the Fifth Amendment does not restrain state conduct in this manner.
The President removes a postmaster without Senate consent. Gordon Gray, the removed officer, sues for salary, claiming the action exceeds executive authority. The Court upholds the removal as an incident of the President's constitutional powers.
General reprisal authorizes all military officers and citizens to seize the offending nation's property wherever found. Positive reprisal is limited to forcible seizure by the state itself rather than a blanket directive to private parties.
Supporting sources
Article I Section 8 grants Congress the exclusive power to declare war and issue letters of marque and reprisal. States are forbidden from granting such authority under Article I Section 10.
Supporting sources
A declaration of war places the nations in a state of war and may authorize the President to issue commissions for general reprisal. Whether enemy property already located within the United States may be seized depends on whether Congress has expressed that intent in the declaration.
Supporting sources
…Sylvia was not shifting blame but rather corroborating her husband's story that he acted in self-defense or "justified reprisal"; she had direct knowledge as an eyewitness; she was describing recent events; and she was being questioned by a "neutral" law enforcement officer. App. 76-77. The prosecution played the…