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Texas Is Entitled to Use Military Force to Repel the Border Invasion (excerpt)

Lt. Gen. Michael Flynn
January 24, 2022

The Supreme Court's decision this week to order Texas not to protect its border
with Mexico will go down in history as one of that Court's most cowardly decisions which
could doom of our nation - if it is allowed to stand. That decision was not just about
razor wire - it was about the role of states in our federal system, and the betrayal of
the nation - first by a President, and now by two Republican-appointed Justices.
I ask you to invest the time to stay with me through this article - as we need to
spend some time together to think through the background for the crisis that is now
upon us - for it could be a truly existential threat to the nation......................

Where were the Congressional Republicans?

Americans have been waiting for a very long time for Republicans to bring an
end to the chaos. We held our breath and waited during Biden's first two years, when
Democrats enjoyed a majority of the House and a tie in the Senate which the Vice
President could break in his favor. But for the last year, since January 2023, when
Republicans took control of the House, we have waited for our party to do whatever is
necessary to stop this existential threat to the nation. Remember that no money can be
spent from the U.S. Treasury without approval by the House. Republicans could have
stopped the assault on our borders, but they didn't. For whatever reason - loyalty to
the billionaire donor class, fear of the negative press, whatever - they caved, being
afraid they would be blamed for a government shutdown..............................

States Defending the Nation

................Then we Republicans looked to the states to rise up and take real action to
defend our borders. We knew Gavin Newsom in California was a lost cause. Doug
Ducey was a McCain clone - shown to be uninterested in election fraud - who would
do nothing to protect his constituents. Then in January 2023, Katie Hobbs took over
Arizona and the Republican legislature had little stomach to fight her.
But finally, Texas Governor Greg Abbott, no doubt pushed by solid conservative
Texas Attorney General Ken Paxton, started to take action. He installed razor wire
along a 30-mile stretch and set up a floating barrier, and he deserves enormous credit
and our support for trying to save not only Texas - but the nation................

The Constitutional Questions

.................In normal times, there might be time to wait for the judicial process to play out
and see if the Supreme Court reverses its position. But these are not normal times.
America is being overrun by an invasion of people from all over the world.
Making the matter even more serious, in an increasingly dangerous world, the
immigrants could constitute a Fifth Column. In allowing this invasion, Biden has not just
been inept - he is deeply corrupt. As I said, he is carrying out Obama's plan for
"fundamentally transforming" America - for the worse.
What can be done? We need Texans to rally behind Governor Abbott. It is a
time for other states to rally behind Texas. And, this just may be a time that the People
need to find a way around an obviously unconstitutional Supreme Court ruling. This
ruling deserves as much respect as its Dred Scott decision that no African-American
could be a citizen, or its Korematsu decision that approved locking up Japanese-
Americans during World War II, or its Roe v. Wade decision that led to the death of well
over 40 million babies. The Supreme Court can be wrong, and often is..............

State Constitutional Authority

Today, I want to focus on the first issue. Article IV, Sec. 4, cl. 3 of the
Constitution states: "The United States shall ... protect each [State] against Invasion."
Biden has not just failed that duty miserably, he chose not to honor that duty. In such
cases, the Constitution also allows states to use force to repel invasions. Although the
power to wage war is generally reserved to Congress, the Constitution even allows
States to use force, up to and including "war," in case of invasion.
No State shall, without the Consent of Congress ... engage in War, unless
actually invaded, or in such imminent Danger as will not admit of delay.
[Article I, Sec. 10, cl. 3 (emphasis added).]

An Actual Invasion

A majority of Americans, including a plurality of Democrats, now believe that
there is an invasion at the southern border. Fifty-one Texas counties have declared that
an invasion exists. Under the Biden administration, Texas alone has dealt with a rush
of almost 2 million illegals.

It is clearly an invasion. "'Demographically, socially and culturally, the
reconquista of the Southwest United States by Mexico is well under way,' Harvard
University professor Samuel P. Huntington said in 2004. 'No other immigrant group in
U.S. history has asserted or could assert a historical claim to U.S. territory. Mexicans
and Mexican-Americans can and do make that claim,' he said." The proof is in the
history since Huntington's 2004 comments..............

State Action Without Federal Approval

If this is not an invasion, what would an invasion look like? This may be
surprising in a world where the federal government wins most every battle with the
states, but having been invaded, Texas now has constitutional warrant to respond -
even without federal approval.............


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