By KrisAnne Hall, J.D.
Our Declaration of Independence establishes, in the second paragraph, that the ONLY PURPOSE of any government is to secure our rights to “Life, Liberty, and the pursuit of Happiness.”
A government that does not secure the life, liberty, and property of the people is negligent, useless, and pointless.
Our Constitutions were formed with the full knowledge that joining into a union of mutual support and benefit would NEVER require the surrender or removal of each individual State’s sovereignty. Even the King of England, through the Treaty of Paris, 1783, acknowledged the States as sovereign governing bodies, even after the first union was formed. This sovereignty was defined by James Madison in Federalist #45:
“The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” (emphasis added)
On the contrary, Madison defined the federal government as being based upon borrowed power from the States, which was both limited and defined.
“The powers delegated by the proposed Constitution to the federal government are few and defined.”
Our founders raised many questions during the debates regarding the boundaries of federal power. The answer came repeatedly from multiple sources. Two of those sources were Alexander Hamilton of New York and James Wilson of Pennsylvania:
“No legislative act, therefore, contrary to the Constitution can be valid.” Alexander Hamilton, Fed #78, 1788.
“…the power of the Constitution predominates. Any thing (sic), therefore, that shall be enacted by Congress contrary thereto, will not have the force of law.” James Wilson, Pennsylvania Ratifying Convention, 1787.
Article 6 clause 2 of the Constitution was ratified to reassure the States that the Constitution would be the supreme law of the land and only the acts of the federal government consistent with the Constitution would hold authority.
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof…shall be the Supreme Law of the Land, and (only then shall) the Judges in every State shall be bound thereby…” Article 6 clause 2 (emphasis added)
For these reasons, the Texas Oath of Office makes all who represent the people of Texas promise to “preserve, protect, and defend” the Constitutions of the U.S. and Texas and the laws of the U.S. and Texas.
8 US 1324 states that it is a violation of federal law for any person who:
“Knowing that a person is an alien, brings to or attempts to bring to the United States…at a place other than a designated port of entry…regardless of whether such an alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action…” (emphasis added).
8 USC 1324 set the penalty of violating this law as “for each alien…be fined under title 18, imprisoned not more than 10 years, or both…” (emphasis added).
By closing the gaps along the Texas border, with whatever means available, Texas is honoring its promises by enforcing 8 USC 1324. Ironically, as Texas works according to its promises, the federal government is working overtime to obstruct Texas from fulfilling that obligation.
Article IV section 7 of the Texas Constitution makes the Governor not only the commander in chief of the Texas military, but also puts the responsibility and duty to “repel invasions” in the hands of the Governor.
Article 1 section 8 clause 15 of the US Constitution gives the CONGRESS (not the president) the authority for “calling forth the Militia to…repel invasions.” These two Constitutions do not conflict because the duty and the authority to repel invasions is a CONCURRENT power not an exclusive one. Article 1 section 10 clause 3 makes this understanding clear:
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 an Agreement or Compact with another State, or with a foreign Power, or engage in War, UNLESSactually invaded…” (emphasis added)
Finally, the Supreme Court does not have the authority to either “exercise or sanction dangerous powers beyond the grant of the Constitution…” wrote James Madison in 1800. He further verified that it is the States, not the Courts that are the ultimate authority when the federal government attempts to exercise undelegated authority.
“If the decisions of the judiciary be raised upon the authority of the [States]… the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution… consequently, that the ultimate right of the [States] to judge whether the [Constitution] has been dangerously violated, must extend to violations…by the judiciary as well as by the executive, or the legislative.” (emphasis added).
Texas is working to “preserve, protect, and defend” its sovereignty, the “lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State,” along with federal laws made in pursuance of the Constitution. Both the executive and judicial branches are working to obstruct the preservation, protection, and defense of not only the State of Texas but the Constitution and our Republic as a whole. The people of Texas must stand strong knowing that by defending their lives, liberties, and properties, they are operating within the Supreme Law of the Land and it is the federal government that is violating that law.
Texans and are not subjects. Americans are not subjects. It is time to act like free people. Liberty is a choice. Choose our Constitutions. Americans have always chosen not to allow kings, tyrants, or Oligarchs to rule over them.