Biden Tries to Halt Texas’s Self-Defense—in Court

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Tuesday, August 15, 2023
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National Issues
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WASHINGTON—Today, the Immigration Reform Law Institute (IRLI) filed a brief in a Texas federal district court in a case that, for the first time, puts at issue a constitutional provision that allows states to go to war if they have been invaded.

Section 10 of Article I of the Constitution states that, “without the Consent of Congress,” states may not “engage in War” unless they have been “actually invaded.” Texas Governor Abbott, declaring that Mexican drug cartels have invaded his state without meaningful opposition by the federal government, has taken his own steps to defend Texas, including placing floating barriers in the Rio Grande to block illegal crossings into the state. . . .