By James Anthony - lewrockwell.com
Texas Governor Greg Abbott formally stated on January 24, 2024 that more than 6 million illegal immigrants have crossed Texas's southern border in just 3 years, and Texas's constitutional authority to defend and protect itself from this invasion is the supreme law of the land.
Florida Governor Ron DeSantis agreed that Texas has every right to enforce federal law to defend itself, and he had already started sending people to help years ago. Similar or narrower support was quickly expressed by several state representatives in South Carolina, and in total by the governors of 25 states.
The people in a group of any size need to be able to keep each person's life, liberty, and property secure from governments by only admitting people who support keeping these things secure from governments. To do this in the USA, we use the Constitution to delegate enumerated power to the national government to establish a uniform rule of naturalization, and supporting power to make this rule genuinely matter and properly protect us.
Constitutional national rules on naturalization and immigration have been enacted, but these are being systematically defied. The current congress and Biden are using the United Nations as a holding organization through which they fund 248 "non-governmental" organizations in 17 Latin American nations to arrange for aliens to invade the USA. Of all of the aliens they have been encountering at the southwest border, Biden's complicit subordinates have been detaining at most 11.5%.
For state-government people to adequately secure the life, liberty, and property of their residents, they would need to enact and enforce constitutional state laws that repel invaders.
Rob Natelson and Andrew Hyman have compiled a thorough case that considering the state of the states when the Constitution was ratified, state-government people have been delegated constitutional power in the current invasion to issue warnings, erect barriers, raise state troops and ships, use these to conduct defensive war, create checkpoints, return invaders, capture combatants, seize combatants' property, kill combatants who don't surrender, launch preemptive attacks, foray into neighboring sovereignties that harbor the enemy, suspend habeas corpus, and hold prisoners of war.
State-government people need not use all these powers, but they should be on notice that they do have more than sufficient power to make their people secure from invasion.
State legislators have the duty to pass rules-of-engagement cards that are clear enough to protect their people in situations in which the legislators place their people in harms' way. They have the duty to declare that an invasion is present and will be repelled.
State legislators and governors together have the duty to pass bills that would establish laws, consisting rules and associated sanctions, which would not violate constitutional national laws and which would have sufficient force to make state residents secure. They can do this by replicating in state laws a minimal set of the rules and sanctions that are in the existing national laws. Ideally, they should instead develop better laws that are exemplary models, that will soon be proven practical in use.
Governors, and any other state executives in whom some of the state executive powers are vested, have the duty to execute the constitutional laws. Especially in the wake of the recent experience of covid-rationalized power grabs, executives should resolutely forswear any use of emergency powers - powers that they should not have been delegated, and if these are delegated, that they should never accept. They may find it expedient at the start to execute existing national laws, using state courts and prisons.
The national government unduly deprives state residents of life, liberty, and property through invasion, but this is in just one of many policy areas. It is critical to respond by supporting the Constitution: by legislatively passing constitutional bills consisting solely of rules and sanctions, and by executively signing those bills and accepting full accountability for executing constitutional laws.
The Constitution, above all, defines processes. Supporting the Constitution demands carrying out those processes. Each right step in any area trains a person in the way he should go in all areas.
The current invasion, which its architects intend to bring about tyranny, can - and should - instead be a catalyst that increases freedom.