Ask Me Help Desk - Constitutional Crisis

Constitutional Crisis

This SCOTUS "vacate" order ;granting a request by Clueless Joe's DHS to reverse an Appeals Court decision that allowed Texas to prevent DHS access to certain parts of the border by the construction of razor wire barriers ; has swiftly become a constitutional crisis

Quick hits (askmehelpdesk.com)

Guv Abbott argues that Clueless is violating the Constitution's clause about the responsibility of the Federal Government to protect the states from invasion

( Article 4 sec 4 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.)

and

(Article 10 clause 3 No State shall .....engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.)

According to SCOTUS he can't prevent DHS from cutting the barriers . But nothing in their order prevents Texas from laying down more.

Guvs from 25 states (half of the nation) have given Texas support on this issue.

25 governors back Texas on tougher border stance - UPI.com

Ron DeSantis on X: "If the Constitution really made states powerless to defend themselves against an invasion, it wouldn’t have been ratified in the first place and Texas would have never joined the union when it did. TX is upholding the law while Biden is flouting it. FL will keep assisting…" / X (twitter.com)

Andrew McCarthy explains further .. It is Clueless Joe who is violating Federal law (Title 8 sec 1225 which says illegals must be detained prior to processing )

Quote:

Any alien subject to the procedures under this clause shall be detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed. [Emphasis added]
That is the presumptive rule. Even aliens who may have a valid “fear of persecution” claim are supposed to be kept in custody until that claim is adjudicated. They are not to be released into the United States. That is a congressional statute, and there is no plausible claim that it is unconstitutional. Therefore, the president’s sworn duty is to execute it faithfully.

Border Crisis: Biden Defying Law, Not Texas | National Review

Meanwhile the loony left is equating the standoff at Eagle Pass as the prelude to the Civil War.

Eagle Pass is today’s Fort Sumter. Biden must federalize the Texas National Guard. (inquirer.com)

as they have been predicting

Civil War (2024) - IMDb

Even some conservative leaning tabloids have gotten into the act .Headline from NY Post

Quote:

Texas begins arresting illegal migrants in Eagle Pass, as war with feds escalates

Texas begins arresting illegal migrants in Eagle Pass (nypost.com)

Quote:

Texas’s border skirmish with the Biden administration: What you should know about Shelby Park and Eagle Pass

Texas’s border skirmish with the Biden administration: What you should know about Shelby Park and Eagle Pass (msn.com)

“President Biden and his Administration have left Americans and our country completely vulnerable to unprecedented illegal immigration pouring across the Southern border. Instead of upholding the rule of law and securing the border, the Biden Administration has attacked and sued Texas for stepping up to protect American citizens from historic levels of illegal immigrants, deadly drugs like fentanyl, and terrorists entering our country.
“We stand in solidarity with our fellow Governor, Greg Abbott, and the State of Texas in utilizing every tool and strategy, including razor wire fences, to secure the border. We do it in part because the Biden Administration is refusing to enforce immigration laws already on the books and is illegally allowing mass parole across America of migrants who entered our country illegally.
“The authors of the U.S. Constitution made clear that in times like this, states have a right of self-defense, under Article 4, Section 4 and Article 1, Section 10, Clause 3 of the U.S. Constitution. Because the Biden Administration has abdicated its constitutional compact duties to the states, Texas has every legal justification to protect the sovereignty of our states and our nation.”

Signatories include: Governor Kay Ivey (AL), Governor Mike Dunleavy (AK), Governor Sarah Sanders (AR), Governor Ron DeSantis (FL), Governor Brian Kemp (GA), Governor Brad Little (ID), Governor Eric Holcomb (IN), Governor Kim Reynolds (IA), Governor Jeff Landry (LA), Governor Tate Reeves (MS), Governor Mike Parson (MO), Governor Greg Gianforte (MT), Governor Jim Pillen (NE), Governor Joe Lombardo (NV), Governor Chris Sununu (NH), Governor Doug Burgum (ND), Governor Mike DeWine (OH), Governor Kevin Stitt (OK), Governor Henry McMaster (SC), Governor Kristi Noem (SD), Governor Bill Lee (TN), Governor Spencer Cox (UT), Governor Glenn Youngkin (VA), Governor Jim Justice (WV), and Governor Mark Gordon (WY).

Republican Governors Band Together, Issue Joint Statement Supporting Texas’ Constitutional Right to Self-Defense (rga.org)

so which side is the Border Patrol Union on ?

Border Patrol Union - NBPC on X: "Rank-and file BP agents are not going to start arresting TX NG members for following their LAWFUL orders. That's fake news. TX NG and rank-and-file BP agents work together and respect each other's jobs. Period. If TX NG members have LAWFUL orders, then they have to carry out…" / X (twitter.com)

Meanwhile Beto O'Rourke is itching for the fight .

Beto Urges Biden to Treat Texas Like Segregationist Arkansas in 1950s, Send in Troops (westernjournal.com)

Quote:

“President Biden and his Administration have left Americans and our country completely vulnerable to unprecedented illegal immigration pouring across the Southern border. Instead of upholding the rule of law and securing the border, the Biden Administration has attacked and sued Texas for stepping up to protect American citizens from historic levels of illegal immigrants, deadly drugs like fentanyl, and terrorists entering our country.
“We stand in solidarity with our fellow Governor, Greg Abbott, and the State of Texas in utilizing every tool and strategy, including razor wire fences, to secure the border. We do it in part because the Biden Administration is refusing to enforce immigration laws already on the books and is illegally allowing mass parole across America of migrants who entered our country illegally.

All of which is unarguably true.

Quote:

“The authors of the U.S. Constitution made clear that in times like this, states have a right of self-defense, under Article 4, Section 4 and Article 1, Section 10, Clause 3 of the U.S. Constitution. Because the Biden Administration has abdicated its constitutional compact duties to the states, Texas has every legal justification to protect the sovereignty of our states and our nation.”

Article 4 Section 4. "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." Also seems to be unarguably true.

Article 1, Section 10, Clause 3. "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 War, unless actually invaded, or in such imminent Danger as will not admit of delay." Perhaps a little more open to interpretation, especially as to what amounts to "actually invaded" and "such imminent danger".

From Speaker Johnson's presser about articles of impeachment against DHS Sec Mayork...

....MAYORKAS IS REFUSING TO COMPLY WITH THE LAW AND BRIDGING AMERICANS TRUST. THESE ARTICLES ARE THE PRODUCT OF A DELIBERATE THOUGHTFUL AND FAIR INVESTIGATION REVEALING FAILURE TO FULFILL HIS OATH OF OFFICE AS RESULT HISTORIC BORDER CRISIS COSTING THOUSANDS OF LIVES. I CALLED FOR SECRETARY MAYORKAS IMPEACHMENT LAST NIGHT AND I STAND BY THAT ALL TODAY. SINCE JOE BIDEN AND SECRETARY MAYORKAS OFFICE, THERE ARE MORE THAN 8.3 MILLION ILLEGAL CROSSINGS NATIONWIDE. THERE HAVE BEEN 1.7 MILLION KNOWN GETAWAYS AND BY THE WAY, THOSE ARE JUST THE ONES WE KNOW ABOUT. 302 ILLEGAL IMMIGRANTS AT THE SOUTHERN BORDER THE HIGHEST EVER RECORDED IT'S NOT JUST ABOUT ILLEGAL IMMIGRATION, IT'S ABOUT FENTANYL, HUMAN TRAFFICKING AND THE THINGS SECRETARY MAYORKAS TO ADDRESS SIMULTANEOUSLY WORLD IF YOU COUNTRY WITH LITTLE OR NO CHANCE WILL BORDER CRISIS, A FEW THINGS HAVE BECOME ... VERY CLEAR. ... HE'S FAILED TO DO HIS JOB AND I THINK WILLFULLY IT'S TIME TO IMPEACH. I TURN OVER TO OUR SPEAKER MIKE JOHNSON.

Meanwhile 2 members of the SQUAD voted against deporting and giving asylum to Hamas terrorists
Democratic Reps. Rashida Tlaib and Cori Bush vote no on bill banning Hamas terrorists from US (nypost.com)

Meanwhile 2 cops were assaulted by a mob of illegals on 42nd Street NY .while they were trying to make an arrest .

5 arrested in connection with assault on NYPD officers near Times Square (youtube.com)

Those arrested were released with no bail. They left detention laughing and flipping of America.

Illegal migrants in violent NYPD attack give middle finger after release (youtube.com)

The NYC incident was really concerning. Cops are being put into a tough situation. Years ago they would have at least pulled their weapons and possibly could have shot a couple of the assailants. It would have been considered business as usual. Now they are afraid to shoot anyone at all, and it is becoming apparent that they will not be supported in the courts.