In Part 1 of this column, we looked at increasing government attacks on our Second Amendment in light of a term introduced in that article, the Duality of Protection Principle. This principle is reflected in many Founding Fathers’ writings, including our Constitution and the Federalist Papers. It affirms that our federal government has the right and the sacred duty to protect American citizens from state governments gone rogue, while each sovereign state has the same right and duty to protect its own citizens from a federal government gone rogue (i.e., tyrannical).
Constitutional authority for that principle can be derived from the 14th Amendment, which states, “… All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” That is essential for the preservation of both state sovereignty and our individual unalienable rights in the event either our state or federal government implements any degree of tyranny over citizens. States that fail to assert this legal jurisdiction when necessary to protect their citizens’ rights, freedoms and liberty against federal tyranny abdicate their sovereignty against the very government they jointly created by ratifying the Constitution.
In today’s column, we examine how the Duality of Protection Principle applies to the Biden administration-created invasion of our southern border.
For decades our national government has laid sole claim to protecting our southern border not only against legal immigration (Chy Lung v. Freeman) but also “illegal immigration,” more precisely inadmissible aliens. Although American citizens and their states have tacitly accepted this precept, it is a false and unconstitutional usurpation of authority. Our Constitution, including the 27 amendments, contains 7,591 words, yet without a single mention of immigration in any form. The federal government is the creation of the states. It is the states that give power to the federal government, not vice versa. As James Madison wrote in Federalist 45 and is mirrored in the 10th Amendment: “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.” Furthermore, the Ninth Amendment affirms that save for the federal government’s enumerated rights, all other rights are retained by the people (citizens).
Article I, Section 10, Paragraph 4, of the Constitution says, “No State shall … engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” Merriam Websters Learner’s Dictionary defines invasion as 1) the act of entering a place in an attempt to take control of it; 2) the act of entering a place in large numbers, especially in a way that is harmful or unwanted. By any rational understanding of that definition, our southern border states are experiencing a foreign invasion, and they are in imminent danger. Despite the attempted political-media cover-up, this fact has become evident beyond doubt, exposing U.S. and state citizens to great potential and actual harm. Consequently, all states, especially Texas, New Mexico, Arizona and California, are legally and morally compelled to preserve their own sovereignty and their citizens’ rights to protection from this foreign invasion.
Many in authority lack the rational understanding to agree with this cogent reality. But as Bob Greenslade of the Tenth Amendment Center once rhetorically asked, “How could the states have the [constitutional] power to engage in war, independent of the federal government, but not have the civil authority to protect their borders?” The self-evident answer: They not only have the authority, but under the Duality of Protection Principle, they have the constitutional and moral obligation to do so.
Once we accept the fact a foreign invasion is occurring, the federal government is legally obligated to secure those borders being breached. As stated in Article IV, Section 4, of the Constitution, “The United States shall guarantee to every State in this Union a Republican Form of Government and shall protect each of them against Invasion. …” – as the Trump administration did.
In the face of such imminent danger as will not admit delay, the states have delayed far too long. It is clear that the surge across the border has exposed not only citizens of border states but all-American citizens to grave potential danger. Ranchers in our southern border states are having their property, their livestock and their lives destroyed by hordes of invaders, among them drug cartels, organized crime bosses and gang members from South America to Mexico, as well as terrorists from Yemen, China, Sri Lanka and Iran, and other hotbeds of anti-Americanism. American citizens suffer from skyrocketing crime rates, murder, torture, kidnapping, rape, sex trafficking, human trafficking and countless drug-related crimes. More political-media cover-ups only worsen the danger; they do not make the problem go away.
Further confirming the current administrations’ shocking disregard for the safety of its own citizens, we have confirmed reports of SARS-CoV-2 (COVID)-positive illegal aliens flooding across our border, inexplicably being released into our communities contrary to near-dictatorial protocols for U.S. citizens. These represent only the tip of the contagious-disease iceberg being brought into our neighborhoods, from scabies and bedbugs to drug-resistant TB. Significant infectious diseases accompanying the invaders include tuberculosis, syphilis, gonorrhea, leprosy, polio, cholera, diphtheria, smallpox, chickenpox, methicillin-resistant Staphylococcus aureus infections, plus new and different virus strains. The possibility that a nefarious group (e.g., the Chinese Communist Party) could develop a genuinely deadly virus with a long latency period, weaponize children with it and send them across our border as a Trojan Horse to infect thousands of Americas cannot be seriously dismissed.
In light of today’s current crisis situation and Article I, Section 10, Paragraph 4, of the U.S. Constitution, we must immediately, staunchly encourage every border state in the Union to apply the Duality of Protection Principle and assert to its unfettered constitutional responsibility to defend and preserve their citizens’ unalienable rights from a federal government gone rogue. This responsibility falls on every border state’s citizens especially to embolden their state representatives and the governor to rapidly close their stretch of our southern border.
It is time to admit that nefarious actors are using the federal government to weaponize illegal aliens as part of a larger scheme to conquer America from within, using their old friend Saul Alinsky’s eight rules to create a socialist state. Failure of the states to act immediately and counter the present threat makes our fellow citizens and our entire constitutional republic easy prey for our predatory “enemies, foreign and domestic.”
Therefore, “watch carefully how you walk, not as unwise men but as wise, making the most of your time, because the days are evil.” (Ephesians 5:15)
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