Section 4 of Article IV should be center stage in a couple of large issues today. It is called the “Guarantee Clause,” because its terms require the federal government to make specific provisions to all the states. In only one sentence, this section addresses three separate and important issues affecting every state, and so it is included here verbatim (as well as appended below). “The United States shall guarantee to every State in the 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.
At the time of its writing the Founders were thinking of Great Britain, Spain, French-Canadian, and Indian incursions – yet they knew full well that time would bring new threats. This clause works with Article I, Section 8, clause 15, where Congress is granted the power to call forth the militia to “repel Invasions.” James Madison wrote in Federalist #43 “...protection against invasion is due from every society to the parts composing it...”
It is obvious to anyone willing to observe disinterested fact that the State governments have absolutely, unequivocally, and utterly abrogated its duty to secure our borders against those entering this country illegally. Whether the purpose is “a better life,” “escape from oppression,” or the intention to carry out nefarious attacks against our citizens, states, country, and sovereignty, does not matter. It is the duty of the Federal government to protect the states against invasion. It is also the duty of the states. (It is the duty of Congress to find appropriate ways to address the legitimate desires of non-Americans to come here legally; see Article 1, Section 8, clause 4.) The current administration has even gone to the ridiculous lengths of bringing lawsuit in Federal courts to stop actions taken by states to protect themselves. They also show their utter lack of knowledge of the Constitution by bringing these suits in Federal District Courts, even though the Constitution clearly states in Article III, Section 2, 2nd paragraph that “[i]n all cases... in which a State shall be Party, the supreme Court shall have original Jurisdiction.” Any judge with even the flimsiest understanding of (and respect for) the Constitution should throw such cases out of court and order the states to repel. Any state leaders that do not do so should be removed from office by impeachment, as they have broken their oath to uphold the Constitution (or demonstrated their unfitness to hold office through ignorance of that which they have sworn to uphold).
This leaves us with the issue of states suffering from repeated invasion that the federal government is stopped from addressing through safe heaven actions or complete covering of illegals in cities within their state. Are the states allowed just to sit there and be overrun? NO! Remember, the states retain sovereignty and have the right (and the duty!) to call out their militias to protect themselves. Article 1, Section 10, last clause, states, “[n]o state shall... keep troops... or engage in war, unless actually invaded...” demonstrating very clearly that the states retain the right and ability to call forth their militias to repel invasions. And any state government that refuses to act on the invasion over our/their borders should be impeached and removed. And the federal troops should be sent in.
rwood
a california judge previously ruled its not an invasion without arms...
“And any state government that refuses to act on the invasion over our/their borders should be impeached and removed. And the federal troops should be sent in.”
Makes sense. Thanks for the info.
“Article 1, Section 10, last clause, states, “[n]o state shall... keep troops... or engage in war, unless actually invaded...” demonstrating very clearly that the states retain the right and ability to call forth their militias to repel invasions. And any state government that refuses to act on the invasion over our/their borders should be impeached and removed. And the federal troops should be sent in.”
***maybe good opportunity for states to impeach/remove Brown or other state leaders along the border that sit on their hands and does not act to protect its border and citizens, or worse enables this invasion.