Posted on 01/31/2024 10:37:15 AM PST by SeekAndFind
The standoff at Eagle Park creates a special moment known in the ed biz as a “teachable moment” regarding the Constitution’s doctrine of federalism.
The chief point to grasp here is that 13 independent sovereign states created and adopted the US Constitution. They were already associated as confederate sovereignties under the Articles of Confederation, and each was determined to retain its sovereignty notwithstanding the Constitution’s ratification.
[SNIP]
The Constitution’s federalism doctrine is briefly and somewhat awkwardly described in the Tenth Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The same document can be restated this way: Every State of the United States is a sovereign state possessing all powers of a sovereign state except as otherwise provided by a state or the federal constitution , and the United States of America is a sovereign state possessing no powers whatever except those powers granted it in the United States Constitution, either expressly or by necessary implication.
The 10th Amendment’s meaning can be understood this way: Imagine someone asking, “Does a state have power X?” The answer is “Yes, unless the state or federal constitution provides otherwise.” The corollary question is, “Does the United States have power X?” The answer is “No, unless the federal Constitution grants that power.”
With federalism now under our belt, let’s cop a gander specifically at Texas’s conduct at Eagle Pass.
Article IV, Sec. 4 of the US Constitution provides:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
(Excerpt) Read more at americanthinker.com ...
(a) The State of Texas is under invasion across its southern border, and
(b) the US federal government invites and supports this invasion.
Applying the above-stated constitutional principle to these facts means that the US federal government is in open rebellion against the U.S. Constitution.
Moreover, under the common legal principle qui facit per alia facit pe se (“He who acts through another, acts for himself”), the federal government is itself invading the State of Texas by using illegal aliens and, therefore, is acting treasonously.
We now turn to the delicate question of whether Texas has the right to reject the federal invasion.
Article 1, Sec. 10, Clause 3 of the Constitution states in relevant part:
No State shall, without the Consent of Congress…engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Thus, the question becomes: Does the sovereign State of Texas possess the legal right to repel the migrant invasion over its Mexican border? As the Attorney General of Arizona extensively and credibly argued, the answer is a resounding YES!
Of course, The Constitution is a living, breathing document, subject to change and interpretation. It’s the latter that the leftists have abused.
The Left will have to starve, to find out that food is precious.
And while all eyes are on Eagle Pass, TX, the rest of the TX, NM, AZ, and CA borders are still wide open and illegal “asylum seekers” are still pouring in unabated in record setting numbers.
“The Left will have to starve, to find out that food is precious”
Even then absolute lack of humility will prevent them from admitting it.
They’d rather set themselves on fire than admit they are wrong and anyone on the Right is correct.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.U.S.Const., Art. IV, Sec. 4.
The Federal Government is in DIRECT violation of THE CONSTITUTION.
No State shall, without the Consent of Congress…engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.U.S.Const., Art.1, Sec. 10, Clause 3.
The sovereign State of Texas possesses the legal right to repel the migrant invasion over its Mexican border!
p
Thx....will share.
btt
I wonder how How a hot dog stand would do in Campo?
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