On Thursday, John Hinderaker at Power Line Blog posted an article about the crisis at the southern border. There has been a crisis at our southern border since day one of the Biden administration when President Biden undid some of the procedures President Trump had put in place to deal with illegal immigrants. I am not sure why this is finally being addressed after three years, but I am glad that someone is taking action. It is very possible that it is finally being addressed because of the impact moving the illegal aliens around the country has had on Democrat-controlled cities. I am always suspicious of the timing of crises–in recent years they have become political tools.
John Hinderaker reports:
The Biden Administration has dealt a devastating blow to America by opening up the southern border to all comers. The influx of illegals threatens our national security and our economy, and it has placed an intolerable burden on the border states. How intolerable, is demonstrated by the panic that seizes blue cities when they are faced with a tiny fraction of the burden suffered by communities near the open border.
Joe Biden’s border policy is unconstitutional. Under Article II, his most fundamental duty as president is to “take care that the laws be faithfully executed.” Biden has not faithfully executed our immigration laws; rather, he has deliberately sabotaged and negated them. This is an impeachable offense, but what to do in the meantime?
In Texas, a constitutional crisis may be brewing. Governor Greg Abbott, having had enough of the scofflaw Biden Administration, had fencing erected along the border to discourage illegal migration. Biden, determined to illegally undermine our country, directed that the fencing be torn down so that more illegals can pour in. The case reached the Supreme Court, which voted 5-4 to overturn a Court of Appeals decision that enjoined federal border agents from cutting the wire. So for now, the Court has the feds back in control.
The article includes a memo written by Texas Governor Greg Abbott stating that it is the responsibility of the federal government to enforce the border. It also includes screenshots of tweets by other governors supporting Governor Abbott.
The article concludes>
Sarah Hoyt says that Oklahoma, Montana, Virginia, Arkansas, West Virginia, Louisiana and Idaho have also lined up behind Texas. And, she reports, the entire Republican Governors Association has signed a letter supporting Abbott. So far, no Democrats. Fine: let’s let sovereignty be the issue on which the 2024 election turns.
I haven’t studied the constitutional issues raised by this crisis in any detail. For the moment, I would simply say, with Justice Robert Jackson, that the Constitution is not a suicide pact. No sane interpretation of the relevant constitutional provisions could conclude that a scofflaw president, by violating federal law and betraying his oath of office, can disable the states, who came together to form the federal government in the first place, from defending themselves against foreign invasion.
A nation without borders is no longer a nation. The battle has been joined. Let’s fight it out.