Article I, Sect. 8 The Congress shall have power:…Houthis are using the old, pre-Barbary wars, rules. Why can't we? Congress CAN change Joe's rules and so should be asked for its thoughts. I don't think we need to declare war. Maybe Congress decides to do nothing. Little shipping is currently US flagged, but some is flagged in countries we are treaty bound to defend. However, it might be interesting to see what some motivated billionaires could do with US issued letters of marque and reprisal under looser rules of engagement. We never signed the European treaties prohibiting such letters. I'm not sure we're limited to issuing them to US Citizens.To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
If the the Houthis can read their Koran we can read our Constitution!
Jean Lafitte fought the British at New Orleans. With his help, the US won a major victory.