The Biden Administration has dealt a devastating blow to America by opening up the southern border to all comers. The influx of illegals threatens our national security and our economy, and it has placed an intolerable burden on the border states. How intolerable, is demonstrated by the panic that seizes blue cities when they are faced with a tiny fraction of the burden suffered by communities near the open border.
Joe Biden’s border policy is unconstitutional. Under Article II, his most fundamental duty as president is to “take care that the laws be faithfully executed.” Biden has not faithfully executed our immigration laws; rather, he has deliberately sabotaged and negated them. This is an impeachable offense, but what to do in the meantime?
In Texas, a constitutional crisis may be brewing. Governor Greg Abbott, having had enough of the scofflaw Biden Administration, had fencing erected along the border to discourage illegal migration. Biden, determined to illegally undermine our country, directed that the fencing be torn down so that more illegals can pour in. The case reached the Supreme Court, which voted 5-4 to overturn a Court of Appeals decision that enjoined federal border agents from cutting the wire. So for now, the Court has the feds back in control.
As Steve wrote yesterday, Governor Abbott is not backing down. He is asserting Texas’s constitutional right to defend itself against foreign invasion. Yesterday’s memo throws down the gauntlet and says that Texas will continue to defend its border. It is an impressive document, possibly of historic import:
Today, governors of numerous states lined up behind Texas:
The failure to secure our border has created a massive flow of illegal drugs, national security and terrorism risks, and a humanitarian crisis. I was proud to order Nebraska State Troopers and National Guard to the border last year, and Nebraska is proud to stand with Texas now. https://t.co/uALSOhdIup
— Governor Jim Pillen (@TeamPillen) January 25, 2024
Our Southern Border is a warzone.
When I visited the border over the summer, I saw just how much Joe Biden has deteriorated our national security.
I will continue to support @GregAbbott_TX in his fight to secure our Southern Border. pic.twitter.com/93JF5D9g0P
— Kristi Noem (@KristiNoem) January 25, 2024
The federal government’s failure to secure our nation’s southern border is jeopardizing the safety of all Americans. Tennessee has always stood with Texas, and we always will.
— Gov. Bill Lee (@GovBillLee) January 25, 2024
When the federal government fails, states step in. Iowa sent the Iowa National Guard and State Troopers down to the border last year to stop this invasion.
Iowa stands with Texas. https://t.co/I5YKjyKxJt
— Gov. Kim Reynolds (@IAGovernor) January 25, 2024
Texas and the states have stepped up time and time again. The White House? Purposely absent. I have had enough.
Texas, you can count on Alabama to have your back. https://t.co/vtOidjhvRo
— Kay Ivey (@kayiveyforgov) January 25, 2024
If the Constitution really made states powerless to defend themselves against an invasion, it wouldn’t have been ratified in the first place and Texas would have never joined the union when it did.
TX is upholding the law while Biden is flouting it.
FL will keep assisting… https://t.co/qOJY2zT1hG
— Ron DeSantis (@GovRonDeSantis) January 24, 2024
Sarah Hoyt says that Oklahoma, Montana, Virginia, Arkansas, West Virginia, Louisiana and Idaho have also lined up behind Texas. And, she reports, the entire Republican Governors Association has signed a letter supporting Abbott. So far, no Democrats. Fine: let’s let sovereignty be the issue on which the 2024 election turns.
I haven’t studied the constitutional issues raised by this crisis in any detail. For the moment, I would simply say, with Justice Robert Jackson, that the Constitution is not a suicide pact. No sane interpretation of the relevant constitutional provisions could conclude that a scofflaw president, by violating federal law and betraying his oath of office, can disable the states, who came together to form the federal government in the first place, from defending themselves against foreign invasion.
A nation without borders is no longer a nation. The battle has been joined. Let’s fight it out.
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