Also known as:letter · lettre · lettres · letters patent · letters rogatory · lettre de change
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in constitutional law
Authorizations issued by Congress or a state permitting private parties to seize vessels or property of an enemy nation during wartime. The power to grant such authorizations is expressly allocated to the federal government and withheld from the states.
2
Sense 1
1
in constitutional law
Authorizations issued by Congress or a state permitting private parties to seize vessels or property of an enemy nation during wartime. The power to grant such authorizations is expressly allocated to the federal government and withheld from the states.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Constitution
Sense 2
2
in wills and estates
Official court-issued certifications confirming a fiduciary's appointment and authority to administer an estate or trust. The documents identify the fiduciary and any court-imposed restrictions on the fiduciary's powers.
Sources & Authorities· 3 sources
Select any source to read its text and confirm it supports the definition.
Official court-issued certifications confirming a fiduciary's appointment and authority to administer an estate or trust. The documents identify the fiduciary and any court-imposed restrictions on the fiduciary's powers.
Each sense below has its own examples, sources, and questions.
Examples3
Congress Authorizes Privateering
During a declared war with Nation X, Congress passes a statute empowering the President to issue authorizations allowing private ship owners to capture enemy merchant vessels. Lighthouse Shipping receives one such authorization and seizes a vessel flying Nation X's flag. The seizure is lawful only because the authorization was granted under the constitutional power to issue letters of marque.
President Issues Letters Of Marque
During declared war with Country Y the President issues letters of marque to Captain Hook authorizing seizure of enemy merchant vessels. Captain Hook captures a freighter flying Country Y's flag. The seizure is lawful solely because the letters were granted under Congress's constitutional power.
State Barred From Issuing Letters
State A enacts a statute purporting to authorize private citizens to seize foreign vessels during an undeclared conflict. The statute is invalid because the Constitution expressly prohibits states from granting letters of marque and reprisal.
Frequently Asked1
What is the difference between letters of marque and letters testamentary?+
Letters of marque are constitutional authorizations allowing private parties to seize enemy property in wartime. Letters testamentary are court-issued documents confirming an executor's authority to administer a decedent's estate.
Supporting sources
Dictionaries
Examples3
Executor Obtains Letters Testamentary
After Bob dies, the probate court issues letters testamentary to his daughter Alice confirming her appointment as executor of the estate. The letters identify Alice and note that she may not sell real property without prior court approval. Alice presents the letters to the bank to access decedent accounts and begin administration.
Trustee Receives Letters Of Trusteeship
Following the settlor's death the probate court issues letters of trusteeship to nephew Ned confirming his appointment as trustee of a testamentary trust. The letters list Ned's name and note that he must obtain court approval before selling trust real estate. Ned uses the letters to transfer title and begin trust administration.
Administrator Receives Restricted Letters
After Carla's death the court issues letters of administration to her brother Ben confirming his appointment. The letters expressly bar Ben from selling estate real property without further court order. Ben presents the letters to financial institutions to collect assets and pay creditors.
Frequently Asked3
Can multiple documents together satisfy the statute of frauds?+
Yes. When two or more writings are signed by the party to be charged, or when a signed writing refers to an unsigned writing, the documents may be read together as a sufficient memorandum even if neither standing alone identifies all essential terms.
Supporting sources
What restrictions may appear in letters of administration?+
Letters of administration may expressly limit the administrator's powers, such as prohibiting sale of real property without further court approval. The fiduciary must comply with any such restrictions stated in the letters.
Supporting sources
Are targeted solicitation letters protected by the First Amendment?+
Targeted letters from nonprofit or ideological organizations are generally protected expressive activity and may not be banned outright, though states may impose reasonable time, place, and manner restrictions or regulate for actual deception.
Supporting sources
347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)Remedies
…among "all persons born or naturalized in the United States." Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of…