1 A Constitutional Crisis And Our Future “The Constitution was made for the people and not the people for the Constitution.” (Theodore Roosevelt) The dispute between Texas and the Biden Administration over our southern border has created a major constitutional crisis.[1] A crisis that threatens both our Constitution and our Constitutional Republic. On January 20, 2021 Biden was sworn in as the 46th President and on that same day signed an Executive Order halting construction on the southern border wall.  From that day forward, Biden implemented series of disastrous border policies that required him to ignore federal law and violate the Constitution.  As a result of these deliberate acts the number of illegal immigrants streaming across our southern border increased from 405,036 in Fiscal Year (FY) 2020 to 1,956,519 in FY 2021; to 2,766,582 in FY 2022; to 3,201,144 in FY 2023; and for the first two months of FY 2024 a stunning 617,865 illegal immigrants crossed our borders.[2] That’s a total of 8,542,110 illegal immigrants that we know of.  The number we cannot accurately determine are “gotaways” – illegals who evade the Border Patrol. As close as I can determine, it is estimated that the number of gotaways is between 20% and 28% of the number of known illegal immigrants.  Therefore, including the gotaways brings the total number of illegal immigrants who entered the U.S. since 2021 to between 10,250,000 and 10,933,000 people. Texas’ 1,248 mile border with Mexico is the longest of any state, and as a result, Texas has been bearing the brunt of illegal immigration.  To relieve the adverse impact on his state and attempt to force the Biden Administration to start enforcing the laws, Governor Abbot implemented several polices including: bussing illegal immigrants to “sanctuary cities” and “sanctuary states;” erecting a river barrier; erecting a makeshift wall in some areas with shipping containers and/or razor wire; passing a state law allowing Texas LEO to arrest those who are in Texas and have entered the U.S. illegally, and for Texas judges to order them removed from the country. That law is scheduled to go into effect in March 2024. As I’m sure you’ve guessed the feds have not fallen in love with Governor Abbot’s actions.  However, instead of securing the border, the DHS ordered Border Patrol and other federal agents to cut the razor wire and remove other barriers Texas erected.  Texas countered by filing a lawsuit against the federal government entitled  State of Texas v. U.S.  Department of Homeland Security seeking to prevent the federal government from cutting and removing approximately 29 miles of razor wire and other barriers it had set up in the area of Egal Pass, TX, including in a park owned by the local government.  Abbot also barred federal personnel from the park. The trial court initially granted a temporary restraining order preventing DHS from cutting the wire or removing other barriers, but ultimately ruled for DHS and denied Texas a permit injunction.  Texas appealed to the 5th Circuit Court of Appeals who reinstated the injunction pending a hearing on the merits.  DHS then petitioned the Supreme Court to vacate the injunction, which the Supreme Court did in a short 3 sentence order dated January 22, 2024.  I want to be clear that this order only vacates the injunction preventing the federal government from cutting the razor wire and removing other barriers Texas has installed.  It is not a ruling on the merits of the case, which is scheduled to be heard by the 5th Circuit on February 7, 2024 and does not enjoin Texas from doing anything. Governor Abbot released a scathing statement addressing the Supreme Court’s decision lifting the injunction.  Though all of it’s worth a read, the last paragraph is the important one: The failure of the Biden Administration to fulfill the duties imposed by Article IV, §4 has triggered Article I, §10, Clause 3, which reserves to this State the right of self-defense. For these reasons, I have already declared an invasion under Article I, §10, Clause 3 to invoke Texas’s constitutional authority to defend and protect itself. That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border. Article I, §10 states “No State shall, without the Consent of Congress…engage in War, unless actually invaded…”  Article IV, §4 states “The United States…shall protect each of them [states] against Invasion…” (emphasis mine). What Abbot is arguing is the flood of illegal immigrants into Texas is an invasion and therefore, the federal government has violated its constitutional duties under Article IV, §4 and Texas can, and will protect itself as allowed under Article I, §10.  Is Abbot correct in his interpretation?  I think so, but the answer turns on whether a massive influx of illegal immigrants is an “invasion” within the meaning of the Constitution.  This is uncharted territory. Even though Abbot is still barring federal agents from the public park near Eagle Pass and is continuing to lay more razor wire, he is not violating the terms of the Supreme Court ruling lifting the injunction.  However, Abbot’s actions have certainly made the Supreme Court’s ruling irrelevant.  How can the Border Patrol cut the wire the Supreme Court says they can cut, when they are not allowed into the park where much of the wire they want to cut is located? This in-and-of-itself is a constitutional crisis.  However, there’s more.  There are significant players on both sides of the political isle throwing their support behind Abbot or Bidden Those lining up behind Abbot’ and Texas and urging him to stand his ground, include Rep Chip Roy (R-TX 21) and the governors of 26 states.[3]  Gov. Noem (R-SD), seems to be the most outspoken threatening to send razor wire to Texas if they need it, and implying she could send the South Dakota … Continue reading A Constitutional Crisis And Our Future