This story was originally published by the WND News Center.
A constitutional expert, George Washington University law professor Jonathan Turley, who has testified to Congress and represented members as well, says the federal government has failed its obligation to prevent an invasion of Texas.
But he says the state still has a tough case to prove in a federal court fight over whether it can block illegal aliens, or must allow them to cross into the country under Biden’s orders.
In a Fox News report, Turley said, “Well, I certainly agree with the governor [Abbott] that, this is a violation of the understanding between the federal government and the states. The language in Article 1 Section 10 deals with the agreement that we made with the states and the federal government, to move from the Articles of Confederation to a constitutional system with a strong federal government. I don't think anyone can honestly look at the southern border and say that the federal government has fulfilled its pledge. This is an unprecedented crisis brought about, I believe, by President Biden's policies. So, on all that, I agree.”
He added, “The problem is that federal courts are unlikely to agree that this is the invasion referenced in the Constitution. There's also a reference to imminent danger. And certainly looking at hundreds of thousands of people crossing an effectively open border presents an imminent danger. But the courts are likely to define that in the context of that provision, an invasion by it, as with a foreign state. So I think Texas is going to have a hard time making that constitutional argument in court.”
He said, “The problem for the Biden administration is that it has created an existential crisis here by effectively having an open border. I think that many judges would be sympathetic to Texas, that they have a right to do something. They're being overwhelmed. Even Democratic mayors are now objecting that this is overwhelming their cities. And so the idea of the federal government removing barriers, at this time is otherworldly. But it's – you have to keep in mind in this fight, the federal government has the upper hand, legally. They tend to get a lot of deference along the border.”
The Texas governor, Greg Abbott, said, “The federal government has broken the compact between the United States and the States. The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now. President Biden has refused to enforce those laws and has even violated them.”
At issue right now is a fight over razor wire on the border. Texas installed it and Biden wants it removed. The latest court ruling suspended a ruling that the feds could not remove it.
The Washington Examiner said while leftists complained Abbott was defying the Supreme Court, it issued no ruling to defy, it just lifted the suspension of the lower court’s order.
Rep. Chip Roy, of Texas, said, of the Supreme Court, “This opinion is unconscionable and Texas should ignore it on behalf of the [Border Patrol] agents who will be put in a worse position by the opinion and the Biden administration’s policies.”
Texas Attorney General Ken Paxton said the state has no intention of halting its razor wire installation.
Steve Vladeck, a law professor at the University of Texas School of Law, told the Examiner, “It also, I think, testifies to how little those politicians understand what this case is actually about because the actual ruling the Supreme Court handed down on Monday doesn’t require Governor Abbott to do anything,”
Leftists now are demanding Biden nationalize the Texas National Guard to do his bidding on having an open southern border.
Article 1, Section 10 of the Constitution states: “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless invaded, or in such imminent Danger as will not admit of delay.”
