by Allan Wall, US Incorporated, ©2022
(Jan. 19, 2022) — American government functions best when each level of government (federal, state, county, local) stays in its own lane and its own jurisdiction.
That becomes problematic, however, when the federal government either grabs too much power or cedes its power to control the border without allowing a state government to fill the void.
A current case in point is the controversy over Operation Lone Star, launched by Texas when it became obvious the Biden administration wasn’t going to control the border.
The state of Texas had to move to fill the void. So it began running its own border control policy, even arresting illegal aliens for trespassing (which they are, of course).
Now a judge says, no, Texas can’t do that, it’s unconstitutional.
The Austin American-Statesman reported on this ruling in an article that begins thusly:
Gov. Greg Abbott’s border enforcement effort violates the U.S. Constitution, a Travis County state district judge on Thursday [January 13] ruled, threatening Operation Lone Star’s future and opening the gates to a flood of court challenges.
Travis County state District Judge Jan Soifer’s ruling came in a legal challenge to the detention of a man from Ecuador who is seeking asylum.
The Ecuadorian was arrested on September 17 on the border in Kinney County, was later released on bond, and is, of course, still in Texas.
The Ecuadorian’s lawyer argued Operation Lone Star violates the supremacy clause of the Constitution [Article VI, Clause 2], and that states are not allowed to “obstruct or discriminate” by enforcing federal law.
Even when the federal government fails to enforce them?
“[The Ecuadorian’s] lawyers say he is among thousands of migrants arrested as part of Abbott’s effort to combat illegal border crossings.”
According to Kristin Etter, this ruling “sets a clear pathway for everybody arrested under Operation Lone Star to challenge their arrests.”
Who is Kristin Etter? Well, she’s the “special project director” of an outfit called Texas RioGrande Legal Aid, which is representing approximately 800 defendants who were arrested in Operation Lone Star.
She wants a ‘get out of jail free card’ for all of them.
In response on January 14, Texas Attorney General Ken Paxton tweeted, “Lib Austin judge lets a Soros Travis County DA represent State of TX, then declares Op Lone Star unconstitutional. Ridiculous. Biden has FAILED to secure the border. Texas stepped in. We have the right to defend our border if the feds refuse. I’ll fight this nonsense on appeal.”
Read the rest here.
As the author of this article cites the fact that Article IV, Sec. 4 of the U.S. Constitution REQUIRES that the Federal Government “….PROTECT EACH [State in the Union] against invasion”.
So what does a State do if the Federal Government fails to do that?
The States are then constitutionally empowered to STOP the Invasion themselves unilaterally, “WITHOUT consent of Congress”.
“The Congress shall have the power to…provide for the common defense…repel invasions…to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States…”
See: Article 1, Sec. 8
Article 1, Sec. 9 makes reference to a State’s power to restrict the number of Migrants or persons “as any of the States now existing shall think proper to admit”.
Article 1, Sec. 10 grants the States “Without consent of Congress” the power to “engage in war” if “actually invaded, or [when] in imminent danger as will not admit of delay”.
The open southern border constitutes such an Invasion. The fact that the President of the United States has violated his Oath of Office by facilitating the current invasion of illegal aliens is more then sufficient grounds to IMPEACH him and the Vice-President. Their actions constitute gross malfeasance and nonfeasance in office. They have both committed high crimes and misdemeanors against “We the People”.
Nazi war criminal george soros and his cabal of satanist billionaires want to destroy America so they can steal our money and liberty, and make themselves rulers over We the People as a puppet state of the new world order global dictatorship!!!!! The devildemocommiecrat party and the gop establishment are co-conspirators in this TREASON!!!!! mcconnell, mccarthy, and their minions in both houses of congress are part and parcel of this conspiracy against We the People!!!!!!!!!!