I’m sure all readers are aware of the border crisis caused by Joe Biden refusing to enforce US border protection laws. The US has been invaded along its southern border, and Biden is doing nothing to stop it. Governor Abbott of Texas has ordered the Texas National Guard to seal off the border by installing wire barriers to halt the flow of illegals across the border. The US Supreme Court has ruled that Texas must allow federal employees to enter the border area and cut the wire…so illegals can keep invading across the border. It is common knowledge that drug gangs are using the open border to pour immense amounts of fentanyl and other illegal drugs across the border, killing an estimated 100,000 Americans per year. The open border also allows human traffickers and potential members of Iranian and Chinese “sleeper cells” to enter the undefended border. Biden’s open border policy and his refusal to enforce US border laws threaten the very existence of the USA as we know it. Various polls now say the border crisis is now the No. 1 issue in the US presidential campaign–an issue made to order for Donald Trump if he is the GOP nominee. Biden’s open border policy alone could elect Donald Trump back into the White House because the dangers caused by Biden’s refusal to obey federal border laws are very great and growing.

Twenty-five American states have now quickly backed Governor Abbott versus the federal government, Arkansas’s governor has joined the list of other American states’ governors supporting Texas in its confrontation with the federal government (first link) to make it either 25 or 26 states whose governors are openly siding with Texas. You can check the first link to see if your state’s governor has publicly supported Texas. Former President Donald Trump (and presumptive GOP nominee for president at this point) is openly supporting Texas and looks forward to working closely with Texas to solve the border problem when/if he is elected president (second link). The GOP Speaker of the US House of Representatives, Mike Johnson, has also come out in support of Texas’ position (third link). Some Democrats are urging President Biden to nationalize the Texas National Guard so it can’t be used to seal the border, but there are problems with that. One TV pundit asserted that Biden would have to “declare a state of national emergency” exists at the border in order to take that step….but doing so would require Biden to repudiate his own policies and positions.

Texas has just raised the stakes in this border crisis, in a way I think no one in the federal government anticipated. Governor Abbott has noticed a part of the US Constitution that gives Texas (or any state) the right to take unilateral action if it is “invaded.” I read the part of the US Constitution that Governor Abbott quoted and I believe he is right in asserting the US Constitution gives him the right to take the actions he is taking. Indeed, the literal language of the US Constitution allows Abbott to do far more than put up barbed wire at the border.

Article 1, section 10 of the US Constitution has some incredible language in it. It mostly lists what US states can’t do on their own, but in its last sentence, it gives states a virtual “blank check” to take any action necessary if they are “invaded.” The Constitution says the states may not keep troops, enter into compacts with other states or foreign nations, or “engage in war unless actually invaded, or [are] in such imminent danger as will not admit of delay (emphasis added).” What a difference a word (“unless”) makes. The words “unless actually invaded” means that states may engage in war, make compacts with other states, etc. if they are “invaded.” There is no question Texas (and the the entire USA) is being invaded by millions of illegal aliens. Notice the Constitution does not require the “invasion” to be an “armed invasion.” Any kind of invasion gives US states the power to “engage in war” to repel that invasion. Governor Abbott’s powers are now vast since an active invasion exists and the federal government is doing nothing to put up physical barriers to seal off the southern border.

What could Governor Abbott do? The US Constitution now gives him the right to “engage in war” to protect his state. He could even form alliances with other states to help him “wage war” against the Drug Lords, the traffickers, the illegals, etc. He can even make alliances with foreign nations in this crisis to help him! Putting up barbed wire is a very mild, defensive way of “engaging in [Constitutionally permitted] war.” What if Governor Abbott decides to take offensive action vs. the Drug Lords, traffickers, etc? He could order the F-16s of the Texas Air National Guard to begin bombing runs on the known facilities of the drug lords, and/or invade the northern portion of Mexico to establish a buffer zone between Mexico and Texas.

All governors have the right to form a state militia. If Biden unwisely decides to try to nationalize the Texas National Guard, Abbott can call upon the armed citizenry of Texas to join a volunteer State Militia by showing up at the county seats to be enrolled into battle units. Texas has a vast number of trained military veterans and skilled users of firearms who could serve in such a militia. They could be assigned to serve under the Texas Rangers, not the National Guard so they would not be subject to any federalization order. Such a militia could be used to wage war on the invaders of Texas. In short order, Texas could have an armed militia of perhaps a million armed citizens. Other states could form their own volunteer militia and reinforce the Texas militia. Such a huge armed force could likely successfully invade Mexico to seize and militarily control the border region. This would put tremendous pressure on Arizona and California to do do the same thing or all the illegals denied entry into Texas will pour into their states.

I doubt it will get as bad as the possible scenario described above. But if Joe Biden and his administration continue to refuse to protect the US/Texas border from the current invasion, Texas can go to war and it can go on the offense…with the backing of Article 1, Section 10 of the US Constitution. The US Constitution does not require Governor Abbott to get permission from the US President or Congress to go to war. It is worth recalling that Texas used to be an independent nation before it joined the USA. In its formative stage, Texan volunteers defeated the trained Mexican national army under General Santa Anna.

Protecting the nation’s security and borders are a top obligation of any US president. President Biden has long refused to act to protect the USA and its borders from this massive invasion from Mexican territory. I’d like to ask an obvious question: Why isn’t the GOP-controlled House of Representatives impeaching Joe Biden for treason?

This is a fast-moving crisis, but remember the US Constitution permits Governor Abbott of Texas to do what he is doing…and a lot more besides.

  1. https://arkansasadvocate.com/briefs/sanders-joins-25-republican-governors-supporting-texas-border-efforts/
  2. https://www.foxnews.com/politics/trump-urges-states-surge-national-guard-texas-abbott-standoff-with-biden-accelerates
  3. https://www.foxnews.com/politics/speaker-johnson-says-house-will-do-everything-in-its-power-to-back-texas-over-border-feud