excalibur
Diamond Member
- Mar 19, 2015
- 21,567
- 41,671
- 2,290
It is a shit show 24/7 from the dipshit Biden.
The president is telling Texas and other border states that the federal government will neither protect them nor allow them to protect themselves.
The photographs that should be seared in your memory from the Del Rio debacle are not those of Border Patrol agents on horseback, defamed by their federal superiors — and in particular, by President Biden himself — for daring to do their job.
Focus instead on the photos of police vehicles arrayed in long, imposing rows on the American side of the river — state police vehicles, ordered to secure the border by the governor of Texas.
Does Governor Abbott have the authority to deploy a “steel wall” of Lone Star State troopers? Well, he has the raw power to do it, and in crisis conditions, that is what tends to matter. And — capped by White House oracle Jen Psaki’s astonishing assertion that the “migrants” Democrats are inviting into our country don’t need the COVID vaccines Biden is mandating for Americans because “they are not intending to stay here for a lengthy period of time” — the administration’s ineptitude was sufficiently humiliating that Biden hasn’t challenged Abbott’s démarche . . . yet, anyway.
As it happens, I believe the state of Texas does have the authority to exclude illegal aliens. But it is a debatable question thanks to a century of federal jurisprudence, culminating in Obama-era Supreme Court decisions that sided with the federal government’s willful refusal to perform its basic constitutional duties, and against the basic constitutional principle of state sovereignty — of which self-defense is an ineliminable element.
...
Originally, the states were responsible for policing trespassers in their territories. As Justice Scalia’s bracing question suggested, the retention by the states of the power to exclude people who lacked the legal right to be present was elemental and assumed. During the 20th century, Washington and its courts gradually divested the states of their primacy over immigration enforcement. Yet, the arrangement remained tolerable because the states were prohibited only from contravening federal law — meaning congressional statutes and regulations consistent therewith. And that law unambiguously instructs that illegal border-crossers be detained and removed.
The Obama–Biden administration took the radical position that the states were preempted from contravening not only federal law but also federal policy — meaning the executive administration’s preferences, including its distortion of the concept of prosecutorial discretion into a license to flout the president’s core constitutional duty to execute the laws faithfully. Ergo, by Obama–Biden lights, if the presidential administration chose to refrain from enforcing congressional statutes and chose to abdicate its fundamental duty to secure our borders, the states — including border states such as Texas that would bear the brunt of these derelictions — were powerless to defend themselves.
That is not our Constitution but its antithesis. As Scalia succinctly observed, had such a notion been peddled to the states in 1787, “The delegates to the Grand Convention would have rushed to the exits.”
The Obama–Biden policy, as abided by the Supreme Court, was a time bomb with potentially existential ramifications. It has detonated with President Biden’s assumption of office and his sedulous dismantling of Trump-era border-enforcement policies.
... (emphasis added)
The president is telling Texas and other border states that the federal government will neither protect them nor allow them to protect themselves.
The photographs that should be seared in your memory from the Del Rio debacle are not those of Border Patrol agents on horseback, defamed by their federal superiors — and in particular, by President Biden himself — for daring to do their job.
Focus instead on the photos of police vehicles arrayed in long, imposing rows on the American side of the river — state police vehicles, ordered to secure the border by the governor of Texas.
Does Governor Abbott have the authority to deploy a “steel wall” of Lone Star State troopers? Well, he has the raw power to do it, and in crisis conditions, that is what tends to matter. And — capped by White House oracle Jen Psaki’s astonishing assertion that the “migrants” Democrats are inviting into our country don’t need the COVID vaccines Biden is mandating for Americans because “they are not intending to stay here for a lengthy period of time” — the administration’s ineptitude was sufficiently humiliating that Biden hasn’t challenged Abbott’s démarche . . . yet, anyway.
As it happens, I believe the state of Texas does have the authority to exclude illegal aliens. But it is a debatable question thanks to a century of federal jurisprudence, culminating in Obama-era Supreme Court decisions that sided with the federal government’s willful refusal to perform its basic constitutional duties, and against the basic constitutional principle of state sovereignty — of which self-defense is an ineliminable element.
...
Originally, the states were responsible for policing trespassers in their territories. As Justice Scalia’s bracing question suggested, the retention by the states of the power to exclude people who lacked the legal right to be present was elemental and assumed. During the 20th century, Washington and its courts gradually divested the states of their primacy over immigration enforcement. Yet, the arrangement remained tolerable because the states were prohibited only from contravening federal law — meaning congressional statutes and regulations consistent therewith. And that law unambiguously instructs that illegal border-crossers be detained and removed.
The Obama–Biden administration took the radical position that the states were preempted from contravening not only federal law but also federal policy — meaning the executive administration’s preferences, including its distortion of the concept of prosecutorial discretion into a license to flout the president’s core constitutional duty to execute the laws faithfully. Ergo, by Obama–Biden lights, if the presidential administration chose to refrain from enforcing congressional statutes and chose to abdicate its fundamental duty to secure our borders, the states — including border states such as Texas that would bear the brunt of these derelictions — were powerless to defend themselves.
That is not our Constitution but its antithesis. As Scalia succinctly observed, had such a notion been peddled to the states in 1787, “The delegates to the Grand Convention would have rushed to the exits.”
The Obama–Biden policy, as abided by the Supreme Court, was a time bomb with potentially existential ramifications. It has detonated with President Biden’s assumption of office and his sedulous dismantling of Trump-era border-enforcement policies.
... (emphasis added)
Biden’s Immigration Treachery Threatens the Nation, Not Just National Security | National Review
The president is telling Texas and other border states that the federal government will neither protect them nor allow them to protect themselves.
www.nationalreview.com