By Deborah G. Stevenson
The federal government has no choice. It is the law. The Constitution requires the federal government to guarantee the States protection from invasion.
Article four, Section 4 of the Constitution says,
“The United States shall guarantee to every State in the 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.”
The “United States” means all three branches of the federal government. All three branches – Congress, the President, and the Courts – guarantee each State in the Union to protect each State against invasion and domestic violence.
What is an invasion? Among the definitions listed in the dictionary for of them are: encroachment, flood, inundation, and incursion.
If one person crosses the border without permission, maybe that’s not an invasion. I f many people cross the border without permission, especially if they do so in a coordinated, intentional fashion, in groups, very likely the term invasion does apply.
What is the duty of our government officials concerning this invasion and the enforcement of the law?
Regardless of the political party in power, Article Two, Section 3, is clear regarding the duties of the President,
“he shall take Care that the Laws be faithfully executed”
Moreover Article Two, §1 of the Constitution requires the President to swear to a specific oath of office – “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United Stales.”
Other federal officials are required to swear to an oath of office, as well. That oath is spelled out in 5 US code §1331. Under. that statue, they must swear to “support and defend the Constitution of the United States against all enemies, foreign and domestic” and to “well and faithfully discharge the duties of the office.”
Why is this important now?
Now, there are news reports that a new “caravan”, of more than a thousand people, largely from Central America, are moving through Mexico headed directly toward the U.S. border, determined to cross it, seemingly without permission. In fact, it is reported that they are demanding open borders and unfettered access to the United States, it also is reported that one of the groups sponsoring this latest “caravan” has a history of leading other such “caravans” across the borders of this, and other nations, without permission; and it is reported that this sponsor has a “dream” to “turn down border walls”
Looking at the facts logically, this is pretty simple
Is this an invasion? Seems likely to fit that definition.
Is it the sworn duty of the federal government to support and defend the Constitution and guarantee the States against invasion?
Pretty clear that the answer to that is, yes.
Then they have no choice but to act in accordance with the Constitution, and action consistent with the Constitution is long overdue.
Attorney Deborah G Stevenson practices Constitutional and Appellate Law, and is a long time advocate for upholding the rule of law, no matter what the issue involves.
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