- May 17, 2013
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Policy Brief: How States Can Secure the Border
The Constitutional Basis for State Action to Counter Washington’s Dereliction of Duty
The Constitution provides a firm foundation for states to act decisively in the absence of the federal government. First, the Biden Administration has neglected its duties under Article IV, Section 4 of the U.S. Constitution to protect the United States, her citizens and communities being ravaged by this invasion of crime, drugs and humanitarian crisis. Indeed, one can argue that the actions of the administration are effectively facilitating the abrogation of its own obligations.
Known as the guarantee clause, Article IV, Section 4 of the Constitution states, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them from Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.”
Therefore, governors, attorneys general, and state legislatures must take emergency measures–beyond the scope of what has been attempted to this point–to follow through on the primary function of government: protecting its citizens.
The Constitution provides states an appropriate “self-help” remedy under Article I, Section 10, Clause 3, which stipulates that, “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit delay.”
It is time for the States to Secure the border themselves. Texas first. The other states especially California may be an issue. Maybe we should fence their sorry asses in.
The Constitutional Basis for State Action to Counter Washington’s Dereliction of Duty
The Constitution provides a firm foundation for states to act decisively in the absence of the federal government. First, the Biden Administration has neglected its duties under Article IV, Section 4 of the U.S. Constitution to protect the United States, her citizens and communities being ravaged by this invasion of crime, drugs and humanitarian crisis. Indeed, one can argue that the actions of the administration are effectively facilitating the abrogation of its own obligations.
Known as the guarantee clause, Article IV, Section 4 of the Constitution states, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them from Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.”
Therefore, governors, attorneys general, and state legislatures must take emergency measures–beyond the scope of what has been attempted to this point–to follow through on the primary function of government: protecting its citizens.
The Constitution provides states an appropriate “self-help” remedy under Article I, Section 10, Clause 3, which stipulates that, “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit delay.”
It is time for the States to Secure the border themselves. Texas first. The other states especially California may be an issue. Maybe we should fence their sorry asses in.
