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Thread: The Hill makes crap up, says Texas cannot declare an “invasion” at its border

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  1. #1
    Senior Member johnwk's Avatar
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    The Hill makes crap up, says Texas cannot declare an “invasion” at its border

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    SEE: Why Texas cannot declare an ‘invasion’ at the border

    Well, isn’t this special? The Hill confidently asserts “There are legal and practical reasons why states cannot take immigration matters into their own hands. It is well-settled law that immigration enforcement is the jurisdiction of the federal government.”


    The truth is, our federal constitution delegates to Congress a limited power “To establish an uniform Rule of Naturalization”, and nowhere in the federal Constitution does the word “immigration” appear.

    The allowance to establish a uniform rule of naturalization is nothing more than providing the steps by which a foreign national may become a citizen of the United States. It is not a delegation of a power by which a State, and people therein, have surrendered their inalienable and preexisting right to self-defense, and that would include the preexisting power to protect against an invasion of its borders by foreign nationals.

    In fact it is expressly stated in our federal Constitution that:

    “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.”

    So, there is a specific exception clearly indicating a state may act on its own if invaded, or imminent danger exists as will not admit of delay.

    Surely this wording preserves the preexisting power of a state and people therein, to defend against an invasion and/or other such “imminent danger”, and especially so if the federal government neglects and actually refused to be obedient to the terms of the Constitution and its guarantee that the federal government “shall” protect each of the States against “Invasion”.

    The fact is, Congress cannot by legislative acts delegate enforceable powers to itself which the States have not expressly granted to Congress under the Constitution. And, nowhere in the federal Constitution does the word “immigration” appear. And so, The Hill’s assertion that Texas cannot declare an “invasion” at its border and protect itself from said invasion, is an assertion not substantiated by the text of the Constitution nor its documented legislative intent which gives context to its text.

    And with reference to the delegated power to establish a rule of naturalization, our very own Supreme Court summarized this limited power as follows: “Its sole object was to prevent one State from forcing upon all the others, and upon the general government, persons as citizens whom they were unwilling to admit as such.” PASSENGER CASES, 48 U. S. 283 (1849)


    Finally, a review of the CONGRESSIONAL DEBATES, Rule of Naturalization, Feb. 3rd, 1790 confirms the delegated power to establish a rule of naturalization is very limited indeed and most certainly does not include an all-encompassing power over “immigration” nor a power to prohibit the various states from protecting against invasions.

    .

    JWK


    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.

  2. #2
    Senior Member johnwk's Avatar
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    In regard to the meaning of "immigration" vs "naturalization"

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    Naturalization involves the process by which a foreign national, who is in our country, is granted citizenship.
    .

    Immigration
    involves a foreign national traveling to and entering the United States.

    .
    Congress has been delegated a power regarding "Naturalization", not "Immigration".

    .

    Congress has not been delegated a power to force upon any state a swarm of unwanted foreign nationals i.e., immigrants who are not citizens of the United States. And if Texas posts No Trespassing Signs along the border and anyone violates the posting, they can be forced off the property at gun point if necessary or taken into custody and prosecuted.


    JWK

  3. #3
    Senior Member johnwk's Avatar
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    invasion of Texas is confirmed to be "real" by Texas Judge

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    SEE: Texas counties declare ‘invasion’ during border crisis: ‘We’re being invaded’

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    "We’re being invaded. The facts are there,” said Kinney County Judge Tully Shahan at a press conference in Brackettville, Texas. “This is real. We want America to know this is real. America doesn’t know what’s happening here.”


    And the Biden Administration is not only encouraging the invasion, but also giving assistance to the invaders and bussing them into the interior of our country, which is a prosecutable offense: 8 U.S. Code § 1324 - Bringing in and harboring certain aliens

    JWK


    I never thought I would live to see the day when American Citizens would stand idle and allow the United States to be invaded by millions of foreign nationals without a shot being fired.

  4. #4
    Senior Member johnwk's Avatar
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    The American People have your back Gov. Abbott... time to defend against the invasion

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    I think Governor Abbott has finally come to the conclusion that a vast majority of the American people are behind him on this issue and would not hesitate to defend him if push comes to shove. This situation is nothing like Governor George Wallace Attempting to Block Integration at the University of Alabama:
    .

    .
    This is about the citizens of Texas, regardless of their color, suffering the devastating consequences of the Biden Administration filling Texas with millions of other country’s poverty stricken, poorly educated, low skilled, diseased, disabled, and criminal populations when Texas has a housing shortage, and trouble caring for our own needy citizens.


    The Democrat Party Leadership’s open border policy is destructive to the general welfare of the State of Texas and her citizens, not to mention how it is also destructive to the citizens all those other cities and towns where the Biden Administration is shipping these invaders in the dead of night.

    I am absolutely sure the American People will have Governor Abbott’s back if the current Administration decides to do something stupid.

    JWK

    The Democrat Party Leadership has been angry, stupid and obnoxious ever since the Republican Party Leadership freed democrat owned slaves and put the KKK out of business. ___ Author unknown

  5. #5
    Senior Member johnwk's Avatar
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    Congress has been delegated a power over “Naturalization”, not “Immigration”

    .
    Let us not forget what our Supreme Court stated in the PASSENGER CASES, 48 U. S. 283 (1849) regarding the power of naturalization:
    “Its sole object was to prevent one State from forcing upon all the others, and upon the general government, persons as citizens whom they were unwilling to admit as such.”



    And the above comment by the Court is verified by the following documentation:



    REPRESENTATIVE SHERMAN, who attended the Constitutional Convention which framed our Constitution points to the intentions for which a power over naturalization was granted to Congress. He says: “that Congress should have the power of naturalization, in order toprevent particular States receiving citizens, and forcing them upon others who would not have received them in any other manner. It was therefore meant to guard against an improper mode of naturalization, rather than foreigners should be received upon easier terms than those adopted by the several States.” see CONGRESSIONAL DEBATES, Rule of Naturalization, Feb. 3rd, 1790 PAGE 1148



    In addition, REPRESENTATIVE WHITE while debating the Rule of Naturalization notes the narrow limits of what “Naturalization” [the power granted to Congress] means, and he”doubted whether the constitution authorized Congress to say on what terms aliens or citizens should hold lands in the respective States; the power vested by the Constitution in Congress, respecting the subject now before the House, extend to nothing more than making a uniform rule of naturalization. After a person has once become a citizen, the power of congress ceases to operate upon him; the rights and privileges of citizens in the several States belong to those States; but a citizen of one State is entitled to all the privileges and immunities of the citizens in the several States……all, therefore, that the House have to do on this subject, is to confine themselves to an uniform rule of naturalization and not to a general definition of what constitutes the rights of citizenship in the several States.” see: Rule of Naturalization, Feb. 3rd, 1790, page 1152



    And finally, REPRESENTATIVE STONEconcluded that the laws and constitutions of the States, and the constitution of the United States; would trace out the steps by which they should acquire certain degrees of citizenship [page 1156]. Congress may point out a uniform rule of naturalization; but cannot say what shall be the effect of that naturalization, as it respects the particular States. Congress cannot say that foreigners, naturalized, under a general law, shall be entitled to privileges which the States withhold from native citizens. See: Rule of Naturalization, Feb. 3rd, 1790, pages 1156 and 1157



    CONCLUSION:



    Naturalization involves the process by which a foreign national, who is in our country, is granted citizenship.


    Immigration involves a foreign national traveling to and entering the United States.


    Congress has not been delegated a power to force upon any state a swarm of unwanted foreign nationals, i.e., immigrants who are not citizens of the United States.


    JWK


    Why have a written constitution, approved by the people, if those who it is meant to control are free to make it mean whatever they wish it to mean?

  6. #6
    Senior Member johnwk's Avatar
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    .


    It’s coming to a head and the good news is, the American People, by and large, support Texas finally taking a stand!


    JWK


    There is no surer way to weaken, subdue and bring to its knees a prosperous and freedom loving country than by flooding it with deadly drugs, an inflated currency and the poverty stricken, poorly educated, low skilled, diseased, disabled, and criminal populations of other countries.

  7. #7
    Moderator Beezer's Avatar
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    Remove ALL "persons". That includes those UACS. Hand them over to their Embassy to babysit and transport back to their country.
    ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM

    DO NOT REWARD THEM - DEPORT THEM ALL

  8. #8
    Senior Member johnwk's Avatar
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    Jonathan Turley is wrong on this one . . . invasion at Texas border

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    Johathan Turley was just on FoxNews and asserted Texas does not have a case regarding the invasion at their border. His argument was the word “invasion” as it appears in the Constitution, is not that which is taking place at the Texas border.

    What Turley overlooks is the full wording of the provision in question, Article 1, Section 10:


    “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.”

    “or in such imminent Danger as will not admit of delay”.

    That wording gives great latitude and was intended to cover such emergencies as is now occurring at the Texas border. I think Turley simply made a mistake in focusing only on the word “invasion”.


    I personally like Turley . . . no disrespect intended on my part!


    Fox News needs to address this discrepancy.

    JWK

    What makes a Supreme Court opinion legitimate is when it is in harmony with the text of our Constitution and its documented legislative intent which gives context to its text.

  9. #9
    Moderator Beezer's Avatar
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    We are in constant imminent danger of rapists, terrorists, drugs, Fentanyl, child predators, gangs, Cartel, diseases, and criminals pouring over that border.

    These illegal aliens are overcrowding our jails, courts, and legal system. They are raping and murdering our citizens. They are selling drugs laced with Fentanyl murdering American citizens. They are armed and shooting people. They are stealing, carjacking, and terrorizing our communities. They use our public lands, parks, and National parks and trash them with garbage and spray paint tags of graffiti on boulders and carve up the Redwood trees.

    The DANGER is that Joe Biden has handed our border over to the criminal drug Cartel and corrupt Mexico. They are a scourge on our society, a financial drain, and are destroying our peace, our prosperity, and our communities.

    Biden, Harris, and Mayorkas are Derelict in Duty to protect and serve the American people from this INVASION.
    ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM

    DO NOT REWARD THEM - DEPORT THEM ALL

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