OPINION: The Constitution’s Grant of Independent Power to States Against Alien Invasion.
Submitted by George McClellan
We wonder why Biden’s government is so adamant against Texas and Arizona’s efforts to defend their border with Mexico. Because it’s their border(s) with Mexico too, a duel concept of sovereignty, one abandoned by Biden’s government. Authority lies in: Art. 1, Sec. 10 of the Constitution, a litany of “No State shall…without the consent of Congress,” keep troops, lay any duty (tax) on tonnage, or “engage in War Unless, actually invaded, or in such imminent danger as will not admit of delay.” The imminent danger part is due to Biden purposefully opening the border to all intruders.
Are States really defenseless against the invasion of illegals flooding across their borders? Are they legally bound to do nothing except that which the Biden Administration allows? No! The Constitution expressly reserves to the states sovereign power to defend against invasions and imminent dangers. Although ordinarily when Congress acts on a subject in furtherance of its constitutional powers, the states are pre-empted from occupying the field or acting in a contrary manner but, if stands as an expressed exception for the states to engage in self-defense, it authorizes States to employ extraordinary powers in their own self-defense, among them the power to keep troops and even to engage in war if “actually invaded, or in such imminent Danger as will not admit of delay.” That power necessarily includes the power for border states to build a border wall, to raise a militia to interdict illegal border crossers and to arrest, detain, and eject all illegal entrants so apprehended to their countries of origin.
In a prior column, I explained that there is in Article IV, Section 4 of the Constitution guarantees that the federal government shall “protect each [state] against Invasion, and against domestic Violence.” In light of President Biden and Homeland Security Secretary Mayorkas’ abdication of their oaths to ensure that the immigration laws are faithfully executed and their acts to destroy the nation’s border defenses resulting in virtually unlimited immigration through the southern border, what other legal action can the states take to defend themselves? None! The states themselves have direct constitutional authority to take action, to arrest, detain, and expel illegal entrants; indeed, they even have authority to declare war against an invasion by anybody. As war powers are all-encompassing, including the power to arrest, detain, and eject illegals, there is no constitutional provision granting the federal government an exclusive power to prevent a state from defending its territorial integrity against non-citizen entry.
The “State Self-Defense Clause” enables states to act independent of the federal government to repel the invasion as are now taking place across their borders. By its plain and intended meaning, this Section permits each state invaded by alien criminal trespassers, drug traffickers, sex traffickers, spies, and terrorists who now trespass, loot, rape, murder, engage in corporate and government spying and plot against the United States government, to keep troops, to keep ships of war, to enter into agreements with other states, even with foreign powers, and to engage in war to repel the invasion.
The breadth of that constitutional authority certainly includes the power to collude with other states on a method to transfer illegal entrants through bordering states across ultimate national borders into Mexico for expulsion. It certainly includes the power of individual states to agree with foreign nations to accept receipt of their nationals illegally present in a U.S. state. In short, expulsion of illegal entrants invading a state is a constitutionally reserved state power independent of federal power.
To protect Article I, Section 10, the House, now in Republican hands, should pass legislation to redirect to border states the $785 million allocated for migrant services including paying their hotel bills, from Biden’s monstrous inflationary $1.7 trillion omnibus spending bill, and specifying those funds instead be spent to aid the border states in repelling the invasion of illegals through construction of border walls, arrest, detention and expulsion of illegals back into Mexico or to their countries of origin, and to take such other measures as are necessary to protect the lives, liberties, and properties of lawful citizens of the states against the invasion of illegals. In short, because Biden and Mayorkas have shirked their duties to protect the nation by willfully enabling criminal, indeed terrorist cartels to control American immigration policies, Congress should circumvent the administration and supply border states with direct funding and power to put an end to the border criminality.
Without doubt, if such a bill were to pass both houses, Biden would veto it, but it is essential to pass the legislation and allow Biden to chuck it proving once again he operates as an enemy of the people. Moreover, a two-thirds vote to override his veto while a long shot, is not impossible and would enable us to see clearly who is and who is not the domestic terrorists within the Congress trying to destroy the American Republic. While Biden’s actions and those of Homeland Security Director Mayorkas in failing to fulfill their oaths of office are impeachable offenses, Congress should proceed forthwith to the impeachment of both in any event. For the Senate still in Democrat hands, to vote the removal Mayorkas should be a no brainer, but the Senate delaying a vote on removing Biden until his last week in office, makes sense if only to forego the horror of the inept Vice President Harris serving for any length of time as Biden’s replacement.
Remember, freedom is the goal, the Constitution is the way. Now, go get ‘em! (10Feb23)
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