A constitutional crisis is taking shape on the US/Mexico border.
Everything kicked off when the Supreme Court issued a terse order ruling that federal agents could—for now—resume cutting razor wire installed by Texas that Texas along a stretch of the southern border in order to deter illegal migrants.
While the main case over the legality of Texas deploying their own barrier system still works it's way through the lower courts, this week's Supreme Court decision lifting the injunction resulted in Texas Governor Greg Abbott doubling down and ordering the deployment of even more concertina wire and barriers.
According to a statement by Governor Abbott:
"The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now. President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. 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."
In short, if the federal government is failing to protect the a State's border, the State reserves the right to defend their border themselves.
Article 1, Section 10, Clause 3 of the U.S. Constitution reads as follows:
"No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
Governor Abbott said that 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."
On Friday, conservative political commentator Tucker Carlson conducted a phone interview with Governor Abbott who stated that ten other states have sent national guard to the Texas border, that others will follow, and that he is prepared for conflict with federal authorities.
As of the time of this report's preparation Friday evening, the governors of at least 25 other states have signed on to a joint statement pledging their support to Texas' "right to self-defense," including at least two who have already who have indicated a willingness to send National Guard soldiers and State Troopers to assist.
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