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Is Eagle Pass, Texas, the new Fort Sumter? Probably not, but it’s still important.


What’s playing out on the Texas border is enormously consequential. It represents a stand-off between the states and the federal government in a way unseen in America since 1860. However, I don’t think we’re going to see a new Fort Sumter because the federal government is clearly in the wrong and because people across America hate what the Biden administration is doing. Moreover, it was Biden himself who paved the way for ignoring the Supreme Court.

Here’s a super quick rundown of where we stood yesterday morning. Joe Biden, ignoring America’s sovereignty and its laws, opened the United States border. When Texas Governor Gregg Abbott tried, at Eagle Pass, to stem the flood of illegal aliens that is destroying communities across Southern Texas, Biden sent in the feds to resume his lawless conduct. Gov. Abbott sued to stop the feds and won in the district court and the Fifth Circuit, only to have two allegedly conservative Supreme Court justices join with the leftist minority to say, “Hold your horses. Keep the border open.”

Image: Greg Abbott—America’s savior? YouTube screen grab (edited).

That seemed as if it would be the status quo while the Supreme Court took its sweet time issuing a final ruling on whether the federal government can go completely rogue, ignoring sovereignty, laws, and national security, and leaving the states helpless against a foreign invasion. However, Greg Abbott, after two-and-a-half years of irritating passivity, seems to have drunk massive amounts of courage juice.

Yesterday afternoon, he issued a statement saying that he is under no obligation to stand aside while the federal government engages in lawless activity:

The federal government has broken the compact between the United States and the States. 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 refused to enforce those laws and has even violated them. The result is that he has smashed records for illegal immigration.

Despite having been put on notice in a series of letters—one of which I delivered to him by hand—President Biden has ignored Texas’s demand that he perform his constitutional duties.

• President Biden has violated his oath to faithfully execute immigration laws enacted by Congress. Instead of prosecuting immigrants for the federal crime of illegal entry, President Biden has sent his lawyers into federal courts to sue Texas for taking action to secure the border.

• President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. The effect is to illegally allow their en masse parole into the United States.

• By wasting taxpayer dollars to tear open Texas’s border security infrastructure, President Biden has enticed illegal immigrants away from the 28 legal entry points along this State’s southern border—bridges where nobody drowns—and into the dangerous waters of the Rio Grande.

Under President Biden’s lawless border policies, more than 6 million illegal immigrants have crossed our southern border in just 3 years. That is more than the population of 33 different States in this country. This illegal refusal to protect the States has inflicted unprecedented harm on the People all across the United States.

James Madison, Alexander Hamilton, and the other visionaries who wrote the U.S. Constitution foresaw that States should not be left to the mercy of a lawless president who does nothing to stop external threats like cartels smuggling millions of illegal immigrants across the border. That is why the Framers included both Article IV, § 4, which promises that the federal government “shall protect each [State) against invasion,” and Article I, § 10, Clause 3, which acknowledges “the States’ sovereign interest in protecting their borders.” Arizona v: United States, 567 U.S. 387, 419 (2012) (Scalia, J., dissenting).

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.

That’s a beautifully written letter (I see Ken Paxton’s hand behind this) and one that is right on the money about national security, sovereignty, and the limitations on the power of the executive office of the United States. Moreover, Ed Whelan makes a great point about the constitutionality of Abbott’s action:

Even if Whelan is wrong (and I don’t think he is), Biden has another problem, which is that he already established that you can ignore a Supreme Court order you don’t like. After all, it’s Biden who has ignored the Supreme Court ruling that he lacks the power to cancel student debt. That refusal follows on the heels of his walking past the Supreme Court ruling that he could not stop evictions during the COVID panic.

What’s heartening is that Abbott is not standing alone. Within a short time, several other governors joined in Abbott’s defiance against the federal government’s lawless conduct:

It’s time for more governors to do the same because this is a winning issue. (More on that below.)

House Speaker Mike Johnson has also thrown in his support:

Just as important as the political support for Abbott’s stand is the fact that the American people, across the entire United States, are deeply opposed to Biden’s open borders. In this regard, it’s entirely unlike the situation in 1860, when support for and opposition to slavery were clearly delineated across geographic lines, with both sides having passionate support. The battle over slavery was an inevitable crisis that had been brewing for slightly less than “four score and seven years” because of profound differences in the understanding of individual liberty and the nature of federalism.

None of that is in play here. There is no question about a sovereign border. There is no question about the actual laws of the United States. There is no question about six million illegal aliens—or rather, six million known illegal aliens versus the unknown tens of millions that have sneaked into America. There is no question about drug trafficking, cartels, sex trafficking, and child trafficking coming across the border. And there is no question about the enormous burden on an already broken American economic system.

And most importantly, there is no question about the fact that Americans hate what’s happening. Up to 93% of them see Biden’s border as a problem, with three-quarters calling it “very serious,” of whom 45% view it as a “crisis.” Within that group is a distinct subset of people who really hate the influx of illegal immigrants, and that’s urban blacks:



Read More: Is Eagle Pass, Texas, the new Fort Sumter? Probably not, but it’s still important.

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