tt Calls Out the Guard // John Hinderaker

This could be big news: Texas Governor Greg Abbott summoned the Texas Department of Public Safety and the Texas National Guard to stop the invasion of Texas at its southern border. Abbott invokes the Invasion Clauses in the U.S. Constitution and the Texas Constitution.

To fully authorize Texas to take unprecedented steps to defend our state from an invasion, I invoked the Invasion Clauses in the U.S. and Texas Constitutions.

I’m using that constitutional authority, & other authorization & Executive Orders to keep our state & country safe: pic.twitter.com/2Jt5HEMgp5

Greg Abbott (@GregAbbott_TX November 15, 2022

Some notable points:

* Texas will construct its own border wall.

* I love the gunboats reference.

* Abbott may consider entering into compacts with other countries to address the invasion.

* He also plans to “enter into agreements avec foreign powers to increase border security.”

I believe that the “Invasion Clause”, as used in the U.S. Constitution, refers to Abbott’s Section 4 of Article IV. This section provides:

The United States shall guarantee every state in this Union a Republican form of government, and shall protect them against Invasion; on Application of either the Legislature or the Executive (when the Legislature is not convened), against domestic Violence.

The Texas Constitution, Article IV, grants powers to the governor of the state. Section 7 of Article IV provides:

HE WILL BE COMMANDER IN-CHIEF OF THE MILITARY FORCES. Except when they are called into service, he will be the commander-in-chief for the military forces of State. He will be able to summon the militia to carry out the laws of the state, suppress insurrections and repel invasions.

At first glance, I believe Abbott is on solid ground according to the Texas Constitution. The U.S. Constitution’s relevance is that the federal government has failed to protect Texas from invasion.

I believe Abbott’s long-awaited move has the potential of causing a crisis in federalism. The federal government is constitutionally responsible for immigration regulation. However, the federal government has failed to enforce its laws and has encouraged violations on a large scale. States like Texas are being left holding the bag. Does a state have the right? Although one would assume so, the Biden administration doubtless disagrees.

Can a state sign an agreement with a foreign country? I don’t know. This concept seems amazing. Legal scholars will no doubt be able to help us.

For a while, we have been on a collision track between federal power that is ever expanding but incompetently used, on the one hand, and sovereign states like Texas and Florida, on the other. Fundamental issues of federalism such as those raised by Abbott’s orders must be resolved. I hope they can be resolved in favor of the States. As I have said before, the alternative to a renewed commitment for federalism in the face of the bitterly divided state of our population may be disunion.

Perhaps Governor Abbott’s declaration could be a historic step towards restoring the Founders vision of constitutional government.