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Texas Gov. Greg Abbott Invokes Constitutional Provision for Militia Use in US-Mexico Border ‘Invasion’

Story by Mariam A. • 7h


Texas Gov. Greg Abbott Invokes Constitutional Provision for Militia Use in US-Mexico Border ‘Invasion’
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Texas Governor Greg Abbott has declared the state’s ‘constitutional right to defend itself from invasion,’ referring to the surge in immigration across the southern border.


Founding Fathers’ Influence

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The Republican governor argued that the current situation exceeds the benchmarks set by Founding Father and Supreme Court Chief Justice John Marshall for using a state militia.




Abbott’s Stringent Border Strategy

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This statement, released on Monday, supports his stringent border policy, including the deployment of Texas National Guard troops to set up razor wire at key crossing points from Mexico.



Texas vs. Biden Administration

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The clash between Texan authorities and the Biden administration intensified on January 22, following a Supreme Court decision allowing federal agents to remove razor wire placed on Abbott’s orders.



Article 1, Section 10

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This led to a strong rebuke from the governor, who reiterated ‘Texas’s constitutional authority to defend and protect itself,’ as outlined in Article 1, Section 10, Clause 3 of the Constitution.


A Constitutional Duty?©Provided by All Things Finance

In his recent statement on February 19, shared via social media platform X, previously known as Twitter, Governor Greg Abbott reaffirmed his stance, stating: “One of the most crucial rights granted in the U.S. Constitution is a state’s ability to secure its own border.”



‘Father of Constitution’

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He referenced Founding Father James Madison, often called the ‘Father of the Constitution,’ highlighting Madison’s interpretation that Article 1, Section 10, Clause 3 permitted Virginia’s militia to be called forth to suppress smugglers threatening their state.



Rights in Times of Peace and Invasion

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This clause of the Constitution stipulates: “No state shall, without the consent of Congress, lay any duty of tonnage [a taxation on shipping], 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.”




Migration or ‘Invasion’?

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Governor Abbott has labeled the migrant crisis as an invasion and imminent danger, justifying the deployment of National Guard troops.




Criminal Smuggling Activity

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He stated: “Today, Texas faces a similar but starker threat than Virginia’s smugglers, with Mexican drug cartels that operate as paramilitary forces on our border. The criminal smuggling activity faced by Texas far exceeds Madison’s criteria for the use of a state militia.





Protective Measures

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Abbott further emphasized, “We will continue to build barriers that deny illegal entry into our state, arrest immigrants that cross illegally, and fulfil our duty to secure our border.”





Founding Fathers’ Principles

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Abbott also highlighted his commitment to constitutional principles, saying, “Just like our Founding Fathers, we will illustrate to Americans exactly what our great constitution provides, and how its structure empowers the states as well as the federal government to preserve the safety and well-being of every American.”




Historical Responsibility
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Abbott further emphasized the historical responsibility, stating, “We are the inheritors of a responsibility first recognized by our brave ancestors more than 235 years ago. As long as we must, we will defend our state, and this nation, from grievous threats to our border.”





Michigan Refugee Program

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On the same platform, X, Abbott shared his thoughts on a Fox News article regarding a Michigan program that encourages residents to assist incoming refugees, including with initial housing.





Securing Borders, Not Housing

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He commented, “Michigan asks residents to help house, settle migrants amid crisis at border. Texans have asked me if Texas will mandate this. NO. Our focus is securing the border & building barriers, not aiding & supporting Biden’s open border policies.”




Drop in Migrant Arrests
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In a related note, January 2024 saw a significant decrease in illegal border crossings, with law enforcement arresting 124,220 individuals, a drop from the approximately 249,000 recorded in Texas previously.




Shift in Illegal Migration Patterns

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CNN reported, citing internal government documents, that the decline was particularly notable in Texas, with Arizona and California now accounting for 60 percent of illegal crossings.

Texas Gov. Greg Abbott Invokes Constitutional Provision for Militia Use in US-Mexico Border ‘Invasion’ (msn.com)