Eric Thompson

Constitutional Crisis: Texas Takes On Biden Administration Over Border Invasion

Texas is openly challenging the United States government.

Governor Greg Abbott has taken off his political gloves. He is forcing the federal government’s judicial branch to rule on what US Constitutional authority states have in defending their borders when the federal government has abdicated its responsibility, and even worse in this case, intentionally.

The debate between the Biden administration and Texas started when Abbott directed the National Guard to put up defensive measures to seal off parts of the southern border.

This included razor wire, which is a great deterrent except when Customs and Border Protection agents step in to help the invaders. The Supreme Court surprisingly ruled 5-4 that the federal government could cut the wires.

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Following the ruling, Abbott doubled down started putting up even more razor wire.

In a letter to the Executive Branch the popular governor laid out the Lone Star States’ legal justification for its actions:

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.


Gen. Flynn also insists the Constitution literally allows Texas to engage in war at the southern border. 

majority of Americans, including a plurality of Democrats, now believe that there is an invasion at the southern border. Fifty-one Texas counties have declared that an invasion exists.

Under the Biden administration, Texas alone has dealt with a flood of almost 2 million illegals.

It is clearly an invasion.

In such cases, the Constitution allows states to use force, up to and including war, to repel invasions.

Article IV, Section 4 of the Constitution states, “The United States shall … protect each [state] against Invasion.” Biden has not just failed in that duty miserably — he chose not to honor that duty.

“No State shall, without the Consent of Congress … engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay” (Article I, Section 10, emphasis added).

“Demographically, socially and culturally, the reconquista of the Southwest United States by Mexico is well under way,” Harvard professor Samuel P. Huntington said in 2004. “No other immigrant group in U.S. history has asserted or could assert a historical claim to U.S. territory. Mexicans and Mexican-Americans can and do make that claim.”

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