By Harold Pease, Ph.D.
Joe Biden is expected to bring in at least 15 million unlawful aliens before his term ends. The Biden illegal alien avalanche invasion, starting as a million a month, has accelerated doubling that, to “about 2 million people—from every country on earth—are entering through the US Southern border every year.” It’s killing the economy! In one day more than 8,000 migrants were apprehended at US border (“Biden’s Hope to make Caucasians a Permanent Minority in the United States,” LibertyUnderFire.org, Sept. 2023). Let’s restructure the Democrat Party from these beholding invaders lined up for food stamps, housing, social security, and soon medical benefits—endless “free” taxpayer-funded services—and become the permanent political party.
Overwhelmed southern border states forced to forward the hordes to northern cities and states who are now also overwhelmed, reached the breaking point. The Democrat solution to the problem is more of the same under their Schumer-Lankford Border Deal limiting the illegals coming in to 5,000 per day but with work permits and legal status, preparatory for voting in 2024. All this on a border that was just three years ago more secure under the Trump Administration, largely by his building a wall, than at any time in our history.
In self defense Texas governor Greg Abbott finally invoked Article 1, Section 10, Clause 3 of the U.S. Constitution authorizing his state militia (National Guard) to seize “control of Shelby Park in Eagle Pass, (city property where mass illegal crossings are), and is restricting the Border Patrol from accessing the area, saying the feds ‘perpetuate illegal crossings,’ the State has taken control over this area. Texas has deployed armed soldiers and vehicles to block the federal government from accessing the river ‘in Eagle Pass.’” (X22 Reports, hereafter not cited, Ep. 3256b, Jan. 12, 2024, 16:03).
The constitutional provision Abbott cited reads . “No State shall…[a list of activities reserved to the federal government follows] unless actually invaded, or in such imminent Danger as will not admit of Delay.” THESE EXTREME NUMBERS ARE AN INVASION. Texas also could have cited Article 4, Section 4, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.”
Biden is violating this clause in two places. First, “a Republican Form of Government” necessitates a Republic. Biden intentionally placed people illegally in the country, who in gratitude are likely to vote for his party because he let them in, even giving them a free ride to a starting place. Doing so gives his party the edge in elections which damages the required “Republican Form of Government.” Second, obviously Biden is not protecting each state “against Invasion,” but, instead, leading the invasion he is supposed to be protecting the states from. More so when he is using the military to assist the invaders in transporting inland.
And Biden violated the Constitution in two other places as well. In his oath of office He “promises to preserve, protect and defend the Constitution of the Unites States” (Article II, Section 1, Clause 8.), that means upholding it on immigration law. And in Article II, Section 3, the president promises to “take Care that the Laws be faithfully executed,…”—that means existing immigration law. Also, only Congress and governors, (not the President), can call “for the Militia to execute the Laws of the Union suppress Insurrections and repel invasions;” which Biden is violating by attempting to control state militias, now thought to be national guards, (Article I, Section 8, Clause 15). Consequently, 25 states have joined Texas in her efforts to close her border, many committing their national guards as well.
Current immigration law is Title 8 U.S Code 1324, and has no sympathizing for Americans breaking it. Accomplices are “defined as anyone knowingly encouraging, assisting, transporting, concealing, harboring, or shielding from detection an illegal immigrant.” Anyone who “engages in any conspiracy to commit any of the preceding acts, or aids or abets the commission of any of the preceding acts,” is punishable for up to 10 years for each person assisted or activity. How many years would Barack Obama, Joe Biden, and others encouraging or assisting the caravans of thousands coming up and into the United States get under just law—many life-times?
But what is a state’s recourse when its chief executor, Joe Biden and the Democrats Party openly defy established immigration law, engage in human trafficking of illegals into the interior, and refuse the primary duties of his office to preserve, protect and defend the Constitution and “To take Care that the Laws be faithfully executed…?” We answered that in, “If the Executive Branch Refuses to Protect America, the States Must,” (LibertyUnderFire.org, Oct. 2021). A state with Biden opposition cannot order federal agencies to protect it from an invasion, but it can use the state militia without his authority, which is what Texas is doing. The militia is not the army. It is the people, the citizens, and existed in the 2nd Continental Congress, even before the Constitution. The militia was defined as every able bodied male 17 years of age and older.
Optics are wonderful. The border is the #1 issue for most Americans in the 2024 election. Half the states are standing against this Deep State tyranny. “The only time Joe Biden takes action on the invasion is to block states from stepping in” (Ep. 3265b, January 23, 2024, 19:59). America sees this. If Biden fights Texas, he loses. If Biden stops the invasion, it shows that he could have done so earlier. “The federal government is on the verge of outright war with Texas +25 governors, in order to open up the border for invaders.” Their attempt to change the population vote through illegal immigration is election interference and undermines the vote of every citizen. The enemies of this Republic want foreigners to choose our next president rather than “We the People” as the Constitution mandates. In this Democrats are destroying themselves.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org Column # 752
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