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Biden Forces Constitutional Crisis Over Texas Border Standoff

Posted on Thursday, February 15, 2024
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AMAC Exclusive – By Ed Martin

operation lone star at the texas border

The story of DHS v. Texas – the Supreme Court case stemming from the federal government’s efforts to destroy border barriers created by the Lone Star State – is a dramatic one, complete with heroes, villains, and a wild west standoff like no other in recent times. As it comes to a head in some ways, it is critical to note that this saga is far from over. Here is where things stand now.

At the heart of the dispute between Texas and the federal government is the foundational American principle of federalism.

Like E=MC2  and the Pythagorean Theorem, federalism is a concept that everyone learns about in high school but few remember once they take off their gown and pointy hat.

Essentially, a federalist system is one where power is divided between a central authority and constituent political units, such as states or provinces. It allows for a balance between national unity and regional autonomy, with each level of government possessing its own spheres of authority.

Unlike math or science, federalism has no magic formula to govern its implementation or even how it works. In the case of the United States, the balance between the federal government and the states is a crucial piece of how the American Republic works. When that balance is disrupted, a constitutional crisis ensues.

It will come as no surprise that illegal entries at our southern border have seen a dramatic increase under President Joe Biden, while deportations have only gone down. In fact, deportation of criminal aliens plummeted 67 percent under President Biden’s first two fiscal years as compared to the same time period under President Trump.

Governor Greg Abbott saw the massive influx of illegal aliens flooding his state and took matters into his own hands by initiating Operation Lone Star via the Texas National Guard. Among other efforts to secure the border, Texas strategically placed concertina wire (a form of razor wire known as “c-wire”) on state and private property along the border.

Texas was, in other words, doing what the federal government refused to do.

Federal agents with U.S. Customs and Border Protection triggered a wild west showdown by cutting and otherwise destroying this state-placed c-wire.

This act was not just some inefficient federal agency embracing apathy over doing their job. This was a federal agency, working on Joe Biden’s orders, actively trying to entice more aliens to violate federal law and denying a state its right to protect itself from a border invasion.

As Governor Abbott so eloquently put it in an open letter to the White House, “By wasting taxpayer dollars to tear open Texas’s border security infrastructure, President Biden has enticed illegal immigrants away from the 28 legal entry points along this State’s southern border — bridges where nobody drowns — and into the dangerous waters of the Rio Grande.”

This is where Texas Attorney General Ken Paxton steps into the story. He knows his duty is to the people of the Lone Star State, which is why he is taking on the federal bureaucracy working to keep our southern border open. He filed a complaint in the U.S. District Court for the Western District of Texas to get federal agents to stop destroying Texas’s property.

Now we must dust off our high school civics textbooks to look at the Constitution’s definition of federalism. In just 28 words, the 10th Amendment states, “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.” In other words, unless a state is specifically preventing the federal government from doing what the Constitution empowers it to do, the federal government cannot interfere with what a state is doing.

With that in mind, the question in DHS v. Texas very quickly becomes whether the federal government is granted a right in the Constitution to destroy c-wire that Texas has placed on its own land. Paxton included six arguments in his complaint, but the two key arguments fall under the common law torts of trespass of chattels and conversion. (Torts are not criminal laws, but legal principles that allow one party to seek redress from another party.)

“Trespass of chattels” deals with situations where one party prevents another from using their personal property the way it was intended. Texas held that by cutting their c-wire, federal agents diminished “the wire’s utility as a barrier fence.”

Conversion, meanwhile, is a stronger tort that involves taking someone else’s property as though it were your own. This can be clearly seen at the border as well. Legally speaking, trespass of chattels and conversion have a lower legal threshold for proof, meaning that Texas doesn’t even have to prove that a crime was committed in order to get the ruling they are seeking.

The U.S. District Court found that video evidence showed federal agents “cutting multiple holes in the concertina wire for no apparent purpose other than to allow migrants easier entrance further inland.” Yet, the same District Court also failed to grant Texas a temporary order restraining the federal CBP agents from cutting more c-wire.

Texas then went to the Circuit Court of Appeals, which is the next rung up the judicial ladder. There, the temporary order was granted in Texas’s favor. The Biden administration appealed the matter to the Supreme Court, which issued a brief two-sentence response removing the temporary order. That does not settle the matter, but simply means that while the case is being litigated in the lower courts, CBP can keep cutting the wire and Texas can keep laying more down.

The Biden administration shockingly claims that federalism demands that CBP agents be able to destroy the c-wire. They say that the federal government’s authority over immigration enforcement is made more difficult by the wire’s presence. Yet, video evidence and raw data show that the exact opposite is true. Biden’s argument is a clear case of the tail wagging the dog.

In reality, the Biden administration is viewing the crisis at the border through the eyes of Obama’s right-hand man Rahm Emanuel, who infamously said to “never let a serious crisis go to waste.” They are capitalizing on the suffering of Texans and others for their own gain.

Federalism holds the key to relieving the Americans who suffer from the crime and burdened public support systems that come with rampant illegal immigration. We the People give our sovereignty to the federal government only via our states. As Texas so capably demonstrates, our states have a unique position standing in the gap between We the People and the federal government.

State attorneys general like Ken Paxton are the ultimate embodiment of that principle. When legal fights that make their way to the Supreme Court incur costs that easily go into the millions, We the People depend on our state attorneys general to challenge federal mismanagement and intrusion.

The Biden administration acts as though it is their prerogative to secure the border, when in fact it is their duty to do so. This difference – between what you want to do and what you must do – is a crisis if left unchecked.

The state of Texas is both physically and constitutionally filling the gap left by Biden, which brings much-needed attention to Biden’s inaction. This negative attention may be the only thing President Biden hates more than the idea of a secure border.

Ed Martin is a lawyer who succeed iconic conservative leader Phyllis Schlafly as President of the Phyllis Schlafly Eagles, the pro-family organization with leaders in every state. He clerked for the federal court of appeals and has served chief of staff to the governor of Missouri, chairman of the St. Louis board of elections, and in 1997 as special assistant to Pope John Paul II.

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PaulE
PaulE
3 months ago

The picture associated with this article is so much more profound than the author may have intended. It shows the law enforcement arm of the United States essentially being ordered to stand down and not only allow an unrestricted flow of illegals into the United States, yes an actual invasion of the United States without firing a single shot to the tune of over 10 million in less than 4 years, but also that those same law enforcement personnel are being directed to assist and expedite the processing of the unlimited hoard, so they can be transported to anywhere they wish to go in our country. All in preparation for final stage the Democrats need to complete their plan for permanent power and political control. The WEF / NWO types must be patting themselves on the back as they are closer than ever to achieving their fevered dream of a “transformed” United States, that is no longer an obstacle to their vision of mankind’s future under their rule.

uncleferd
uncleferd
3 months ago

The inexcusable has become commonplace in our nation because our governmental “leadership” in DC has invoked all of their authority to further empowering themselves by diminishing the power of citizens they had previously sworn to serve.
These miscreants have lost sight of the fact that they have never known how to build or run a country or even a small town, and that they’re far less than marginally proficient at public relations. Stay tuned, because this conflict is far from over.

Robert Zuccaro
Robert Zuccaro
3 months ago

Biden does not want to defend our border. The Democrat Party does not want to defend our border. Any Democrat that says they do are lying. This is an organized, coordinated movement to sabotage Congressional representation in both state and national legislatures by gaming population numbers with government-dependent bodies. I don’t think the term “treason” is too harsh a descriptive!

anna hubert
anna hubert
3 months ago

Is the robber who breaks in to steal family silver an intruder or a member of the family because he happens to be in your dining room ?

LMB
LMB
3 months ago

The United States Taxpayer is bankrolling its own “invasion” by funding the United Nations and its partners, which, in turn, give hundreds of millions of dollars in cash and aid to migrants who eventually cross the U.S. southern border illegally. While the U.N. has aided migrants for decades, the scope of its operation has dramatically expanded as the number of illegal immigrants—from at least 160 countries—into the United States has surged. That funding has skyrocketed under the Biden administration to nearly $1.3 billion in 2023
Now isn’t this nice of the Biden Crime Family?!?!

Melinda
Melinda
3 months ago

Not on topic, but I’m enjoying the larger font in the articles. It fits the page and is much easier to read.

Pat R
Pat R
3 months ago

Texas needs to get some crocodiles and put them in the Rio Grande.

Gabe Hanzeli kent wa
Gabe Hanzeli kent wa
3 months ago

start shooting the illegals

Kyle Buy you some guns,and learn how to shoot
Kyle Buy you some guns,and learn how to shoot
3 months ago

All that justn shows a Biden dictatorship. Kyle L. P S That numnut needs to be in a rest home. NOW. All these immagrents will kill the Labor Market.

Ty
Ty
3 months ago

This isn’t just Biden. He is an old man following his handlers. It’s an advance on America by the one world elitists who want the power America has, worldwide. Yes, Biden is guilty of betrayal, but he is delusional, and real-time for him lapsed in the 1980’s.It’s Presidents day so, let President Lincoln’s words sink in:”Let every American, every lover of liberty, every well-wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, the laws of the country; and never to tolerate their violation by others.”This present government and every Democrate in America has violated the laws of the land by supporting the violation of our borders. Lincoln also said:”Any people anywhere, being inclined and having the power, have the right to rise up, and shake off the existing government, and form a new one that suits them better. This is a most valuable — a most sacred right — a right, which we hope and believe, is to liberate the world.” “The ballot is stronger than the bullet.”Start calling and sending letters, emails, X or any other communication means to every city, county, state and federal office and demand that the boarders into the United States be CLOSED for the foreseeable future. No one, regardless be allowed into the country until congress has passed a workable plan an budget to clear work or entry requests as well as the deportation of any illegal entries from 2000 through 2024.Regarding outside influences, Lincoln noted that as well:”At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.”

Randall L. Beatty
Randall L. Beatty
3 months ago

This what the Biden team does tells the military to do nothing I think what Abbott is doing is right, since the Biden people do nothing he has the guts to take a stand for his state and the people living there. Joe is all about lies in the White House then behind our backs they ship them by air all over the country, they do not know what is in this country.

Bruce A Forbes
Bruce A Forbes
3 months ago

I totally agree. All citizens who respect the Constitution must stand with Texas and be read if to fight with whatever means is required, the tyranny of the current corrupted, out-of-control Administration .

Gary
Gary
3 months ago

If the security of We The People is not enforceable then Biden’s personal safety and security and borders are not enforceable. Open the doors to every house and property owned or controlled by Biden and all of his subordinate bureaucrats, and every member of Congress on the Democrat side, who supports these actions.Flood these locations starting with Wilmington Delaware and Biden’s home then all democrat cities with illegal aliens crossing our southern border. Biden and his handlers are trying to tear our country apart in order to take complete control. The fake Fauci pandemic didn’t work so import a stream of unknown diseases across the southern border. This should infest good base of measles, smallpox and other previously stamped out diseases throughout our country while the CDC plays other games to thin the population. Reinforces the need to elect someone like Trump, who worked for WE the people instead of against US.

Ernest Williams
Ernest Williams
3 months ago

I live in the great state of Texas. I totally agree with the actions that Governor Abbott has taken to secure our state borders from illegal invasion. The unfortunate side effects are more illegal incursions in the state of Arizona, as the illegal immigrants are now avoiding Texas. What the Biden administration is doing is illegal and unconstitutional. I also believe that it is treasonous. Biden is destroying our nation by giving aid and comfort to our enemies, because of the numbers of Middle Eastern and Chinese nationals that have also crossed our borders illegally. There is a growing concern of terrorist threats to our nation due to this activity.

Beverly
Beverly
3 months ago

Almost daily I cry for America. The elite only care for ruling Power. Don’t even care what “the people” want. Promise things and they will fall in line. Sob ????

Elton Yancey
Elton Yancey
3 months ago

To the person who wrote this and those reading it,please stop calling these invaders migrants. They are illegal aliens , supported by those who wish to destroy our country.

Rudder
Rudder
3 months ago

Just thinking, if Texas were to string concertina around San Antonio that would be Texas’ business and the border patrol wouldn’t have any right to do anything about or to it because it’s not on the border. Stay with me now. So by the same principle, the actual border is out in the middle of the Rio Grande isn’t it? So by placing the concertina on shore on private land like the ranches mentioned by the author, it’s not on the border and therefore the border patrol has no authority concerning it. Now, if the land is not privately owned, or held by Texas vs. Being U.S. government land, like the bureau of land management land, then such wouldn’t apply because on Federal land the Feds can do as they please.

Irv C
Irv C
3 months ago

Biden is a treasonous asshole. Article III Sex 3 Paragraph 1 states anyone (presidents included who gives aid or comfort to an enemy (illegal entry, drug and child smugglers included is guilty of TREASON: I say let American Citizens guard the border if they desire. Lock and load because it’s an INVASION!!! obiden and the Democrats would rather take care of Ukraine than Americans. Of course he and his criminal son have big biz in the Ukraine.

John Shipway
John Shipway
3 months ago

Betcha the Feds win. Hard to fight a corrupt DOJ and SCOTUS members mind melded into the DC bubble.
Face it and change your name to “Paco”

Irma Wiza
Irma Wiza
3 months ago

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