Immigration and the States’ Constitutional right to protection

Nothing is more innovative  than some knowledge and the human imagination.   The language of the Constitution raises interesting questions about the right of the states to take a more forceful role in damping the flood of illegal immigrants and calling upon the Federal government’s obligation to  aid in an invasion.    The language is mandatory, not merely suggestive or giving the Federal government an option to respond or not.  So let’s take a look at the Constitution together.

Article One, section 10 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 a war, unless actually invaded, or in such imminent danger as will not admit of delay”.   Other provisions in the Constitution make it clear that the states have a right to raise a militia and even appoint their own officers for same.   The language in section 10 recognizes the inherent right and possibility that the states might have to fight with armed forces.   Is 500,000 thousand foreigners a year who come in violation of our laws an invasion?   This could be argued, especially if many of them are promoting the illegal use of drugs in this country and and engaging in violent gang warfare killing hundreds every year in the border areas.   Are the drug trafficking and killings real?  Are those the facts?  I believe they are and the only question would be one of magnitude and degree.  

Now Article Four, section 4 reads as follows: “The United States shall guarantee to every state in this 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”.   Does a couple million illegals in California constitute a threat to its guarantee of a republican form of government?   When they take resources from the citizens of the US such as school costs, healthcare, identity fraud, and jobs, jobs, jobs, does this amount to an invasion.   The word invasion is not defined in the Constitution itself.  

It would be very interesting if the Governor of say Arizona or California make a formal application to the President and set out his case of invasion.   Such an application could be quite persuasive in its recitation of the negative impacts of so many milions of illegals.   He could assert that his state was in “imminent” danger and no delay could be tolerated and that he was calling out the National Guard to exercise the Constitutional right of the state to defend itself and at the same time demand that the Federal Government come to its aid to defend its constitutional right to a republican form of government.    l mean  document that lays out the case for defending itself and cites the Constitutional obligation of the Federal Government and the right of the state to defend itself in such dire circumstances.  A document with all the bells and whistles on it.   The Constitutional provisions in the matter are written in “plain language”.   That phrase is important because the Supreme Court has ruled repeatedly that the Constitution and US statutes are to be interpreted by the plain language of the document or statute in  question.

I have no idea how such a scenario would turn out.   The state Governor could not be punished or overruled under the language of the Constitution. The Federl  Government might simply ignore the call for help, but that would have very serious consequences for the long term that even the most ardent devotee of the contral government power might ponder very hard.  The Supreme Court would NOT want to touch the case; if there is a “case” to touch at all.   Is the Federal govenment going to send in the US army against the stat national guard when they are protecting the border and acting under direct orders from the Governor?   The Federal govenment could not deny the reality of the illegals by the legions and the use of Uzis and murder and mayhem committed by the drug lords along the border.   And who would defend the corruption of the Mexican Government?

I enjoy the mental exercise of this one and would hope our national leaders would take the time to do the same.   The current situation cannot endure.   States, cities and counties around the country from the northeast to the far west, north and south are all taking various actions to reverse the negative consequences of illegal immigration and it is time the Federal government stepped up to the bar and answered the call of the people.   Who knows one day some President might get a certified letter in the mail from a Governor taking action to defend  his citizens in imminent danger.  The Constitution says what it says and means what it means.

Agree, disagree or come up with a completely different thought on the subject.   All we ask here is thoughtful and intelligent dialogue.

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Filed under government, immigration, Politics

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