Troops to Border by Federal Order is Constitutional, State Defiance Is Not

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

The federal government has decided that the invasion from the south needs more than a wall.  President Trump is wanting to fill the border with troops . . . specifically from the National Guard.

California has been defiant (sending troops, but not to comply with Trump's wishes regarding their duty), and Oregon refuses to comply (saying her troops WILL NOT be sent to the border).

Constitutionally, the States do not have a choice in the matter.

While the Democrats scream about Posse Comitatus, the reality is, that law was written to keep the federal government from using a standing army against the citizens of the United States.  Illegal Aliens do not fall into that category.

Article IV., Section 4 of the U.S. Constitution requires that the federal government protect the States from invasion.  Considering that invasion is defined as an "unwanted encroachment," and that the population crossing the border illegally includes terrorists and those who wish to bring harm to our population (not to mention that a large part of the border-crossing illegals declare without remorse that they believe California to belong to Mexico so they plan to overthrow America's hold on the land and perform "white ethnic cleansing"), there is no doubt in my mind what we are experiencing is an invasion.

Article I, Section 8 indicates that the Congress of the United States may call forth the militia to "repel invasions."

The U.S. Code recognizes the National Guard as being a part of the militia.

United States Code: Title 10 – Armed Forces, Subtitle A – General Military Law
Chapter 13 – The Militia:

Sec. 311. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are -

(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the Naval Militia.

The National Guard, while it is essentially assigned to the States, may be called up for federal use, and there is nothing in the Constitution that allows the States to interfere.

Article II, Section 2 of the U.S. Constitution states that "The President shall be Commander in Chief of the...Militia of the several States, when called into actual Service of the United States."

Oregon and California are in open rebellion against the U.S. Constitution, something the State of California was already committing with their unconstitutional sanctuary status laws.

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