Policing the border isn't a state duty, and the courts seems to be making it difficult for the States to choose to enforce Federal law if the Feds won't do it themselves.
Yada, yada, yada...all wound up in complexity, while the invasion runs full speed ahead.
Comes a time when a people have to defend their land, no matter the artificial constraints and impediments forced upon them by a weak and treasonous government.
If the state fails their citizens by failing to protect them from invasion (as clearly demanded by the Constitution), should the people simply allow themselves to be destroyed, as a result?
I say, NO! Assign that government a condition of TREASON, and do whatever it takes to secure life, property, and liberty. Deal with the government traitors later.
They aren't completely artificial. It is important for our own freedom that our different levels of government have limitations on their power, sepecially when it comes to ordering the military around.
It is the role of the Federal Government, and the problem is that not enough voters are taking the issue seriously enough and that they keep electing socially liberal politicians (Bush included) who won't protect our borders and enforce controlled and legal immigration.
It MUST be done at the federal level, and there hasn't been a presidential candidate from either party in the last three elections that came anywhere close to winning even their party primary that was serious about securing our border.
It's an issue that many Americans want addressed, but apparently they don't feel strongly enough to have it be one of the most important issues in how they vote.
Until that changes, we aren't going to see major policy changes.