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OPINION: If the executive branch refuses to protect America, the states must

by Randy Moll | October 19, 2021 at 8:12 a.m.

These are unprecedented times. No president has intentionally failed to protect this country from invasion until now. Previous to this time, all political parties would have supported impeachment to rid themselves of this major threat to national security.

The Joe Biden administration pretends there is no border crisis as a million and a half unvetted invaders coming from at least 150 countries have illegally crossed into the United States during his time in office. America has no southern border. Biden has never been on the border and shows no interest in upholding any of the long-established laws regarding it, while narcotics and sex traffickers flow freely through. Presently, Florida is suing Biden for human trafficking as his administration purposely flies or buses illegals into our cities nationwide.

All this on a border that was more secure under the Trump administration, largely by building a wall, than at any time in our history. Even now we know of 60,000 illegals, mostly Haitians, approaching our border to overwhelm our border patrol and invade our states, counties and cities. This would be the second Haitian invasion in six weeks and the Biden administration has no announced plans to deter them and, in fact, by negligence encourages their coming.

Does the Constitution allow this? No! Article IV, Section 4, specifically guarantees each state protection "against invasion." When taking office, the president swears by oath "to preserve, protect and defend the Constitution of the United States" (Article II, Section I, Clause 8). His primary function is to execute the laws passed by Congress: "He shall take Care that the Laws be faithfully executed" (Article II, Section III). He refuses! His administration is the greatest threat to the Constitution in U.S. history.

What is the country's recourse when its chief executor openly defies established immigration laws, engages in human trafficking of illegals into the interior and refuses the primary duty of his office to protect the nation? An unsecured border is America's biggest national threat. The answer is not to wait three-plus years for another "fraudulent" election; there will be no America left to save. Nor is it the 25th Amendment, as Kamala Harris appears no more fit for the office than Biden -- especially on the subject of illegal immigration. Nor is it impeachment, as the House of Representatives, led by Speaker Nancy Pelosi, constitutionally charged with initiating this process will defy this part of the Constitution as well.

Until one of these options is activated, removing him, the only remaining constitutional option and answer is that the states must secure their own borders. Remember, under federalism, implemented by the Constitution, we operate under two co-equal governments -- federal and state, the federal to govern primarily foreign policy, the state entirely internal interests. Should the federal government refuse to protect the border, an open border translates into a state issue one foot inside.

Arguably a state, with Biden opposition, cannot order federal agencies to protect it from an invasion, but it can use the state militia without his authority. The militia is not the army. It is the people, the citizens; and in the Second Continental Congress, even before the Constitution, the militia was defined as every able-bodied male 17 years of age and older.

In 1903, the Dick Act clarified the Second Amendment definition of militia by dividing it into Part A, the unorganized militia, "the right of the people to keep and bear Arms shall not be infringed," and Part B, "a well regulated Militia," the National Guard. Both "being necessary to the security of a free State." The organized militia was to remain a separate body from the army and navy and retain its distinct internal function and control under the state legislatures and governors (when they could not be convened) "against domestic violence" (Article IV, Section 4). Notice the wording in the Constitution authorizing Congress, "to provide for calling for the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions" -- all internal functions (Article I, Section 8, Clause 15). Congress and state legislatures can call it forth.

Unlike the army, the militia is allowed to execute the laws of the union, suppress insurrections, including, with state authorization, domestic violence. The Posse Comitatus Act forbids the military these internal functions.

The National Guard was never to be thought of as merely a pool of reserve troops for the army. Impeachment proceedings should have been threatened against President George W. Bush when he treated them as such, deploying 100,000 of them in 2005 to Iraq and Afghanistan when enlistments were not enough rather than asking Congress to restore the draft. This alteration of the Constitution by blatant ignorance is serious. The National Guard was simply an easy target and no one from either party objected. But it cannot perform its constitutional duty outside the United States. President Barack Obama ordered one-year deployments of Guardsmen in Afghanistan in 2014. Both parties have violated this part of the Constitution.

The rationale for a militia separate from the army is very simple. The first line of defense from unwanted aggression is oneself (Second Amendment), followed by local law enforcement agents, followed by the National Guard guarding the nation from within (Second Amendment), followed by the military. Biden, by unconstitutionally flying or busing illegals into the interior rather than vetting them fully in Mexico, should motivate all state legislatures to send their Guardsmen to the border immediately. Placing them on the border to repel the coming Haitian invasion would be entirely constitutional. It would also help discourage future invasions.

Harold W. Pease, Ph.D., is an expert on the United States Consitution and a syndicated columnist. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for more than 30 years. To read more of his weekly articles, visit www.LibertyUnderFire.org. Opinions expressed are those of the author.

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