Wednesday, August 26, 2015

Illegal Invasion

By Douglas V. Gibbs


On January 31, 2010, I wrote:

By entering illegally, which means the potential immigrants broke American immigration laws, illegal aliens are entering by force, and are violating the laws to do so. In fact, illegal entry into this nation, especially by specific groups, falls clearly within the realm of invasion.

On April 25, 2010, I wrote:

While Article I, Section 8, Clause 4 establishes immigration to be a federal authority, the States may assist the federal government in enforcing immigration laws. Article IV, Section 4 requires the federal government to protect the states against invasion, and because the federal government has abdicated that role, the State of Arizona has taken action to protect itself at the state level.

On May 16, 2010, I wrote:

The U.S. Constitution requires the federal government to protect the states from invasion in Article IV, Section 4, and the U.S. Code, Sections 1324 and 1325 considers it a felony to conceal, harbor, or shelter illegal aliens. The Immigration and Naturalization Act, sections 274 and 275 consider illegal entry into the United States without inspection to be a misdemeanor, and repeated illegal entry is a felony. The Immigration and Nationality Act, section 287(g), which was added in 1996, grants local and state jurisdictions the ability to enforce immigration law with proper training and supervision by federal authorities. In 2003, Alabama became the second state in the nation to participate in the program by signing a memorandum of understanding (MOU) with the Department of Homeland Security. Florida was the first state to participate, in 2002, and later Arizona's Sheriff Joe Arpaio sent his deputies for training.

On July 7, 2010, I wrote:

Where the Constitution is specific regarding this issue, however, is the border. It is the federal government's duty to seal the border, in order to protect the union from invasion. This clause is in Article IV, Section 4: "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against invasion. . ."

By allowing law breakers into the country without inspection or the immigration process intact, the federal government is actually placing the States in jeopardy, and is not living up to its commitment. In short, the States are being exposed to invasion.

On July 8, 2010, I wrote:

The immigration issue ultimately leads to the border, which is where the U.S. Constitution is more specific when it comes to the duties of the federal government.

Article IV, Section 4 reads: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against invasion. . .

Invasion is defined as "forceful entry, to encroach or intrude on, violate; to overrun as if by invading; infest; to enter and permeate, especially harmfully."

Illegal immigration can easily be categorized as being an invasion. To stop the invasion, the federal government must seal the border. Therefore, the federal government is acting unconstitutionally when it does not protect the border from invasion by illegal aliens.

On August 23, 2010, I wrote:

U.S. Constitution, Article IV, Section 4: "The United States shall. . . protect each of them [States] against invasion. . ."

The illegal alien invasion continues as Americans work to enforce the immigration laws through their States and cities, since the federal government refuses to enforce their own laws in the first place. In Arizona, where SB 1070 is designed to do just that, the smuggling of people into this country has also included a tactic that employs hidden bunkers complete with power and water.

On August 19, 2011, I wrote:

Of course, Krugman is partly correct. We are being invaded by aliens. Illegal aliens.

Article IV, Section 4 of the U.S. Constitution requires the federal government to protect the States against invasion.

How about you begin there, Krugman? How about we put the border patrol to work, and fence builders to work, in an effort to stop the alien invasion from the south?

On August 20, 2011, I wrote:

Article IV, Section 4 indicates that the federal government shall "protect each of them (states) from invasion" - which I take to include securing the border. This, in line with Article I, Section 8, Clause 15 allows the federal government to use armed National Guard service members (National Guard is the "organized militia") to patrol the border, in addition to the existing Border Patrol forces. . . to "repel invasions." An unorganized militia (as defined by Title 10 of the U.S. Code) can also be used to patrol the border, which would include something like the "Minutemen" group that does it now, or concerned citizens.

Article I, Section 8, Clause 4 tasks the federal government with establishing a uniform rule for naturalization, which means the States cannot alter who can be naturalized from that rule.

Article I, Section 9, Clause 1 allows the federal government to make legislation prohibiting who can migrate to this country. Note it does not say the federal government can tell the States who they have to let in.

All other immigration issues belong to the States. Immigration is a concurrent jurisdiction, for the most part, much like a principal and teacher can both issue detentions, but for different reasons or under different scenarios. 

On January 2, 2012, I wrote:

I have a sneaking suspicion the federal government will not follow through, and illegal aliens will not be deported. They will wind up back on our streets. Arpaio has voiced that he believes the same. The federal government is failing to live up to their constitutional responsibility to protect the States from invasion (Article IV, Section 4), and are unconstitutionally disallowing the States to live up to their end of this concurrent power.

On August 13, 2012, I wrote:

Article IV., Section 4 of the United States Constitution tasks the federal government with protecting the States against invasion, which would require the feds to secure the border. Instead, the Obama administration has been closing Border Patrol stations across four states, and has refused to enforce immigration law.

On March 24, 2013, I wrote:

Article I, Section 8, Clause 4 of the United States Constitution gives the power to Congress "To establish an uniform Rule of Naturalization." Article I, Section 9, Clause 1 grants to Congress the authority to pass legislation prohibiting the migration of persons to our country across the national border, as they deem necessary. Article IV, Section 4 tasks the federal government with the duty of protecting each of the States from invasion. Therefore, immigration is indeed an issue that the federal government is supposed to be involved with. Article II, Section 3 requires the President to "take Care that the Laws be faithfully executed."

On May 30, 2013, I wrote:

The Federal Government, according to this clause, must also protect each State from invasion, which is a firm directive to the federal government to keep the national borders secure so as to protect the States from foreign invasion.

On July 16, 2013, I wrote:

The current democrat president's way around this issue has also been to refuse to enforce immigration laws that are on the books - and action that is once again unconstitutional. Article II, Section 3 of the Constitution states that the president "shall take care the Laws be faithfully executed." Enforcing current immigration laws are important because, as it states in Article IV, Section 4, the federal government is tasked with guaranteeing that each of the States are protected against invasion.

On March 27, 2014, I wrote:

In Article IV, Section 4 of the United States Constitution, the Constitution mandates that the federal government "shall" protect the States against invasion. The word "invasion" is defined as being "to enter by force" and "an intrusion or encroachment." (American Heritage College Dictionary) Illegal entry into the United States is entry by force because the entrants are violating the law to do so. Their unlawful entry is also an intrusion, or encroachment, beyond the borders of this country.

In protecting the States from invasion, as stated in the Constitution, that would mean that the federal government has the duty to protect the borders, securing them against illegal crossings, ensuring that only people who have properly navigated the immigration process to enter this nation are able to cross the nation's borders.

On June 16, 2014, I wrote:

But why would the Obama administration orchestrate such an assault on America's borders, and population in violation of Article IV of the United States Constitution where it tasks the federal government with protecting the States from invasion? Why has the White House chosen not to enforce existing immigration laws, while suing an State that tries to enforce those laws themselves?

On July 2, 2014, I wrote:

Article IV of the Constitution, which calls upon the federal government to protect the States from invasion, also infers that the national border must be secured by federal personnel.

On July 28, 2014, I wrote:

Article IV, Section 4, of the United States Constitution tasks the federal government with protecting the States from invasion.

An invasion is defined by the American Heritage College Dictionary, in its third definition presented, as "An intrusion or encroachment." The American College Encyclopedic Dictionary's second, third, and fourth definitions define invasion as being: "The entrance or advent of anything troublesome or harmful, as disease; entrance as if to take possession or overrun; infringement by intrusion." Based on those definitions, I think it is safe to call illegal immigration an "invasion."

On November 21, 2014, I wrote:

Article IV., Section 4 of the United States Constitution tasks the federal government with securing the border by enumerating that the "United States shall. . . protect each of them [States] against Invasion." The obvious takeaway from that is that it is the federal government's duty to secure the national border in order to protect the States from invasion. Very straight-forward. Most advanced nations in the world have stricter immigration laws, and border security, than we do. The southern border of Mexico is strictly enforced, strictly patrolled, and the penalty for being caught illegally entering into Mexico using that southern border is quite severe.

We must be reminded, regarding both enforcing immigration laws, and securing the border, in Article II, the President is also tasked with ensuring that "he take care that the Laws be faithfully executed." Therefore, refusing to execute the immigration laws that are on the books, as they are written, is an unconstitutional (illegal) action by the President of the United States. In the days of the framers, that kind of maladministration would be an impeachable offense.

On December 29, 2014, I wrote:

As for the Murrieta Protests last July, Article IV, Section 4 gives the federal government the authority to protect the States from invasion, hence, the obligation of the federal government to secure the national border. Once the illegal aliens are within the State's jurisdiction, the State has the authority to protect its interior and enforce immigration laws, as per the 10th Amendment. Yet, as we saw regarding the Arizona immigration law, the federal government not only refuses to honor State authority regarding immigration, but sued Arizona for daring to pass law that was not in sync with the political agenda of the ruling elite in Washington DC.

On January 9, 2015, I wrote:

Article I, Section 9 allows the United States Congress, as of 1808, to pass legislation to prohibit certain persons from migrating into the United States. This allowance to protect the country from potential dangers due to a lack of screening of incoming immigrants is also supported by Article IV, Section 4 which tasks the federal government with securing the border, a necessary and proper action the government must take to protect each State from invasion. Once the illegal immigrant has entered the State, however, enforcement also may fall upon the State's law enforcement agencies, for the States have a right to protect their interior.

On February 20, 2015, I wrote:

Article IV, Section 4 of the United States Constitution calls for the federal government to secure the national border, a necessary and proper action in order to protect the States from invasion. Article I, Section 9 of the Constitution grants to the Congress of the United States the authority to pass legislation prohibiting certain persons from migrating into the United States, authorizing our immigration laws that include a screening process in order to protect the receiving population from immigrants that may carry disease, have a criminal background, or other incoming persons that may have violent ties to extremist groups or have a background of terrorist activity.

On June 11, 2015, I posted the following excerpt from my book, The Basic Constitution:

The second part of Article IV, Section 4 provides that the United States “shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.”

The Federal Government, according to the final clause of Article IV, must protect each State from invasion, which, in line with the Necessary and Proper clause of Article I, Section 8, is a firm directive to the federal government to keep the national borders secure so as to protect the States from foreign invasion. If executive agencies fail to take the actions necessary to secure the border in order to protect the States from invasion, the militia can be called into service by either the Congress, or the governor of the State being invaded, in order to repel the invasion.

In other words, Rush, today you finally said what I've been saying all along. . . 

Mr. Rush Limbaugh. . . Welcome to the Revolution of Truth.

-- Political Pistachio Conservative News and Commentary

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