Addressing the Cartel Threat
The situation in Puerto Vallarta and Jalisco underscores a pressing issue for U.S. policymakers. If President Trump decides to take military action against drug cartels in Mexico—or elsewhere—he would be operating within his legal rights.
For over forty years, drug cartels have been crossing borders, moving military-age individuals, some armed with dangerous substances like fentanyl. It’s not just “immigration”; it feels more like an invasion, and the Constitution empowers the president to respond to such threats.
Even though these cartels are non-state entities, they wield considerable control over a significant portion of Mexico, effectively acting almost like sovereigns. They collect taxes, manage migration, and manipulate governments to serve their interests.
Trump has managed to achieve something that has eluded past presidents: he secured the southern border, effectively curbing illegal immigration and the influx of harmful drugs. It raises the question: should the U.S. simply wait for these criminals to enter its territory? Certainly not. There’s a history of presidents using military force, even without Congress’s approval, to address threats from foreign non-state actors that endanger Americans.
Looking back, President Thomas Jefferson acted decisively right after taking office in 1801. He sent Marines to confront pirates attacking American ships, acting without waiting for Congressional approval. In 1801, American forces even sank a ship off Malta without waiting for Parliament’s nod. Congress later authorized the use of force, but Jefferson showed that quick action can be necessary.
Fast forward to 1916, when Pancho Villa’s men crossed into the U.S. and killed American citizens. President Woodrow Wilson decided to send troops into Mexico under a treaty allowing “hot pursuit,” eventually leading to a military operation aimed at capturing Villa and his forces.
Today, drug cartels have caused more American deaths than either the Barbary Pirates or Pancho Villa. As the DEA frequently notes, the majority of drugs responsible for U.S. fatalities are trafficked across the southern border.
Some critics may argue that military action against these cartels could breach the War Powers Act, which was enacted in 1973. But if challenged, it’s worth noting that the law would only require the president to inform Congress of an attack within 48 hours and limits operations without prior authorization to 90 days.
Since the War Powers Act’s enactment, presidents from both parties have engaged in military actions globally without seeking Congressional approval. Declarations of war have become so rare; the last was in 1942. The Founding Fathers recognized the need for swift executive action in protecting the nation, granting the president extensive powers for military operations.
When President Trump assumed office last year, his administration initiated Operation Southern Spear, targeting drug trafficking vessels entering the U.S. from Venezuela. Just as Jefferson and Wilson acted proactively against threats, the current administration similarly should not wait for criminals to make their move.
For years, cartels have profited from America’s addiction to harmful drugs, bringing countless individuals into the country and resulting in significant loss of life. Given the legal framework, the president can pursue actions against these cartels, whether they occur within the U.S. or abroad.
