SouthernWorldwide.com – Under President Trump’s leadership, illegal border crossings have plummeted to historic lows, and the rule of law has been restored to communities across the country. This offers much-needed relief from the open-border chaos and lawlessness experienced under the Biden administration. However, Congress would be mistaken to believe this problem is permanently solved.
We have witnessed the consequences of a federal government that neglects its primary responsibility: providing for the common defense. Based on past events, we can anticipate similar outcomes from future Democratic administrations that aim to revert to previous policies.
During the four years of the Biden administration, millions of undocumented immigrants crossed our borders, leading to surges in drug and human trafficking and overwhelming our communities. When Texas took steps to protect its citizens, the federal government not only failed to assist but actively hindered these efforts. The administration sued when Texas deployed buoy barriers and federal agents cut the state’s razor wire. The Department of Justice challenged state laws aimed at enforcing immigration policy and restoring order in court.
The Biden White House utilized every available tool to maintain an open border, leaving states vulnerable.
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This situation raises a critical question that, despite President Trump’s current successes, is likely to resurface under future administrations: Can a state defend its border, protect its citizens, and enforce the law when the federal government fails to do so?
Fortunately, the Constitution provides an answer.
Article IV, Section 4 of the Constitution guarantees that the federal government “shall protect each [state] against Invasion.” The Founders also recognized that this duty might not always be fulfilled. Therefore, Article I, Section 10 preserves the authority of states to act in self-defense when they are “actually invaded” or “in such imminent Danger as will not admit of delay.”
A state’s right to defend its people is not a new concept; it is a provision explicitly included by the Framers in the Constitution. This is why H.Res.50 was introduced, a resolution supported by every Texas Republican in Congress and a wide range of policy leaders, legal scholars, and law enforcement officials nationwide. It affirms the constitutional authority of states to defend themselves and clarifies Congress’s understanding of when this authority is applicable.
This resolution does not grant new powers to states or diminish federal authority. Instead, it reinforces the constitutional balance and provides much-needed clarity during critical moments.
The legal disputes between Texas and the federal government during the Biden era highlighted how ambiguity can be used to prevent states from acting, even when facing clear and imminent danger. If such issues arise again under a future administration – which is probable – the Supreme Court will look to Congress for guidance on what constitutes an “invasion” or “imminent danger.”
H.Res.50 offers this guidance by establishing congressional intent and ensuring that states are not left defenseless when their federal government fails them.
This is not a mere theoretical discussion. It addresses what will happen the next time Washington falters. We cannot assume that future Democratic administrations will maintain the same commitment to border enforcement that we currently enjoy under President Trump.
We have a responsibility to act now. The American people have given Republicans unified control of Washington, and Congress has the opportunity to ensure that states like Texas are never again forced to be passive victims of a failing federal government. We must address this critical issue with the urgency it demands.
