Texas Governor Abbott Invokes Invasion Clause of US Constitution

 

This looks a big deal and long overdue: Texas Governor Greg Abbott has invoked the invasion clauses of the United States and Texas constitutions. This action, of course, is directly related to the Biden administration’s intentional failure to enforce our nation’s immigration laws, including border enforcement (which I believe can be easily proved to any disinterested observer).

This failure by Biden to enforce our immigration laws has caused great harm not just to the state of Texas, but to all of the several states and to the citizens of the USA. As far as I know, there is little to no case law regarding this issue (Section 4 of Article IV of the U. S. Constitution), which 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.

It is hard to know how this will play out legally, if not politically. Godspeed, Governor Abbott.

.

Published in General
This post was promoted to the Main Feed by a Ricochet Editor at the recommendation of Ricochet members. Like this post? Want to comment? Join Ricochet’s community of conservatives and be part of the conversation. Join Ricochet for Free.

There are 24 comments.

Become a member to join the conversation. Or sign in if you're already a member.
  1. E. Kent Golding Moderator
    E. Kent Golding
    @EKentGolding

    Add Abbott to the good alternatives for 2024 President.

    • #1
  2. Jimmy Carter Member
    Jimmy Carter
    @JimmyCarter

    Does this mean Us TEXANS can now shoot californians? 

    • #2
  3. tigerlily Member
    tigerlily
    @tigerlily

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    Probably not.

    • #3
  4. Internet's Hank Contributor
    Internet's Hank
    @HankRhody

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    The power was in you all along.

    Oh, you mean legally? I don’t think so.

    • #4
  5. Internet's Hank Contributor
    Internet's Hank
    @HankRhody

    This appears to be the relevant provision in the Texas state constitution.

    [The Governor] shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.

    • #5
  6. Tex929rr Coolidge
    Tex929rr
    @Tex929rr

    I wish we also had A10’s but I love me some TXDPS gunboats.

    • #6
  7. kedavis Coolidge
    kedavis
    @kedavis

    Internet's Hank (View Comment):

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    The power was in you all along.

    Oh, you mean legally? I don’t think so.

    What if the people coming from California were illegal immigrants into California?

    • #7
  8. Seawriter Contributor
    Seawriter
    @Seawriter

    Before people start arguing that no nation is invading us, invasions are not limited to those done by governments. They also apply to filibuster armies – that is to say more-or-less organized armed groups of civilians conducting an incursion into another country.

    With the cartels running drugs and people into Texas (including human trafficking of sex slaves), I think you can argue they fall into the category of filibusters. Texas knows about filibustering because in the 19th century groups of filibusters invaded Texas or launched invasions into Mexico and Central America from Texas.

    If Abbott wants to pursue this to its logical extreme, he can post troops on the border, and treat everyone crossing illegally as irregular combatants or camp followers of illegal combatants, detain them as POWs and either hold them until the end of hostilities or “exchange” them into Mexico under parole not to return. If they violate that parole they can then be charged under state law and held in state prisons without going through federal courts.

    Further, a state being invaded can enter into compacts with other states for mutual defense. They can also enter into agreements with bordering foreign nations to terminate the invasion.  As long as the state of invasion exists Texas could carve out its own “Return to Mexico” agreement with Mexico.

    Although these powers have not been used for over 150 years (back to things like the Black Hawk War in the 1840s) they do exist, and there are precedents dating to the early years of the Republic and are powers enumerated in the Constitution. Although there may be lawsuits brought against Texas by the Federal government, I suspect an originalist Supreme Court will be sympathetic to Texas.

    • #8
  9. tigerlily Member
    tigerlily
    @tigerlily

    Tex929rr (View Comment):

    I wish we also had A10’s but I love me some TXDPS gunboats.

    Yeah, I love the gunboat clause of Abbott’s order.

    • #9
  10. Seawriter Contributor
    Seawriter
    @Seawriter

    tigerlily (View Comment):
    Yeah, I love the gunboat clause of Abbott’s order.

    Maybe he can issue letters of marque and reprisal.

    • #10
  11. Internet's Hank Contributor
    Internet's Hank
    @HankRhody

    kedavis (View Comment):

    Internet’s Hank (View Comment):

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    The power was in you all along.

    Oh, you mean legally? I don’t think so.

    What if the people coming from California were illegal immigrants into California?

    Legally speaking they wouldn’t be Californians.

    • #11
  12. kedavis Coolidge
    kedavis
    @kedavis

    Internet’s Hank (View Comment):

    kedavis (View Comment):

    Internet’s Hank (View Comment):

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    The power was in you all along.

    Oh, you mean legally? I don’t think so.

    What if the people coming from California were illegal immigrants into California?

    Legally speaking they wouldn’t be Californians.

    California might say they are, but that would be a lie.

    But mostly, Texas – and Arizona too – aren’t just being invaded from the south.

    • #12
  13. Muleskinner, Weasel Wrangler Member
    Muleskinner, Weasel Wrangler
    @Muleskinner

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    Is there a bag limit?

    • #13
  14. Percival Thatcher
    Percival
    @Percival

    Tex929rr (View Comment):

    I wish we also had A10’s but I love me some TXDPS gunboats.

    Get a GAU-19 or go home.

    • #14
  15. kedavis Coolidge
    kedavis
    @kedavis

    By the way, most replies to that announcement on Twitter prove that Twitter is still a sewer.

    • #15
  16. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    kedavis (View Comment):

    Internet’s Hank (View Comment):

    kedavis (View Comment):

    Internet’s Hank (View Comment):

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    The power was in you all along.

    Oh, you mean legally? I don’t think so.

    What if the people coming from California were illegal immigrants into California?

    Legally speaking they wouldn’t be Californians.

    California might say they are, but that would be a lie.

    But mostly, Texas – and Arizona too – aren’t just being invaded from the south.

    From a little I can gather, quite a few of them understand they are refugees. They’re not voting that badly. The real invasion that can ruin Texas is its own young people, after they get corrupted by the leftist education system.

    Homeschool.

    Get involved with the local school board.

    • #16
  17. Seawriter Contributor
    Seawriter
    @Seawriter

    Saint Augustine (View Comment):

    The real invasion that can ruin Texas is its own young people, after they get corrupted by the leftist education system.

    Homeschool.

    My wife and I did. Never regretted it. Our three are all in stable jobs, have stable lives, and doing well.

    Get involved with the local school board.

    Or your city’s library board. That’s even easy to get on.

    • #17
  18. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Seawriter (View Comment):

    Saint Augustine (View Comment):

    The real invasion that can ruin Texas is its own young people, after they get corrupted by the leftist education system.

    Homeschool.

    My wife and I did. Never regretted it. Our three are all in stable jobs, have stable lives, and doing well.

    Get involved with the local school board.

    Or your city’s library board. That’s even easy to get on.

    Good grief. That is a good idea.

    • #18
  19. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    The interesting part will be when the US deploys the US military against the Texas National Guard to protect the immigrants.  

    • #19
  20. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Guess the first question is if this is the real Governor of Texas and not just $8 blue check.

     

    • #20
  21. Roberto Inactive
    Roberto
    @Roberto

    Saint Augustine (View Comment):

    kedavis (View Comment):

    Internet’s Hank (View Comment):

    kedavis (View Comment):

    Internet’s Hank (View Comment):

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    The power was in you all along.

    Oh, you mean legally? I don’t think so.

    What if the people coming from California were illegal immigrants into California?

    Legally speaking they wouldn’t be Californians.

    California might say they are, but that would be a lie.

    But mostly, Texas – and Arizona too – aren’t just being invaded from the south.

    From a little I can gather, quite a few of them understand they are refugees. They’re not voting that badly. The real invasion that can ruin Texas is its own young people, after they get corrupted by the leftist education system.

    Indeed. The only California preaching I do here comes in warnings, “Don’t think it can’t happen here! Remember California once voted Reagan into office! The hour is late, do you know where your young people are?”

     

    • #21
  22. RyanFalcone Member
    RyanFalcone
    @RyanFalcone

    Wake me when they start deporting them. Until then, this is just more fail theater.

    • #22
  23. OwnedByDogs Lincoln
    OwnedByDogs
    @JuliaBlaschke

    I’m so glad I now live in Texas. Happily, voted for Gov. Abbott.  

    • #23
  24. AMD Texas Coolidge
    AMD Texas
    @DarinJohnson

    Jimmy Carter (View Comment):

    Does this mean Us TEXANS can now shoot californians?

    You could always shoot them. Pretty sure it is still illegal but worth confirming

    • #24
Become a member to join the conversation. Or sign in if you're already a member.