One of the most crucial rights granted in the U.S. Constitution is a state’s ability to secure its own border.
James Madison, the “Father of the Constitution,” emphasized that Article I, Section 10, Clause 3 would allow Virginia’s state militia “to be called forth to suppress smugglers” who had endangered their state.
Those smugglers were bringing contraband into the state and threatened the sovereignty of Virginia’s borders. Madison knew that states must have the means to defend themselves.
John Marshall reinforced this right held by states. He too was an important advocate for ratifying the Constitution, and later a Chief Justice on the Supreme Court.
Marshall explained that Article I, Section 10, Clause 3 “clearly proves that the states can use the militia when they find it necessary,” to respond to an invasion or imminent danger.
Today, Texas faces a similar but starker threat than Virginia’s smugglers, with Mexican drug cartels that operate as paramilitary forces on our border.
Earning billions of dollars a year smuggling illegal immigrants, the cartel’s pose an extraordinary danger to Texas, and to our United States. Some of those smuggled across the Texas border are known terrorists. Others are wanted for murder, sexual assault, or violent crimes. In just the past three years, the Texas Department of Public Safety has arrested more than 39,000 criminals smuggled across our border by the cartels.
The cartels also bring in deadly drugs like fentanyl. Fentanyl is now the number one killer of Americans aged 18-45. A generation of innocent Americans is lost to these smugglers. Every state has become a border state. Texas alone has intercepted enough fentanyl to kill every man, woman, and child in the U.S.
The criminal smuggling activity faced by Texas far exceeds Madison’s criteria for use of a state militia. Texas, and the 25 states whose Governors support our efforts, is utilizing Article I, Section 10, Clause 3 of the Constitution to defend against imminent dangers or invasions. That constitutional provision is the supreme law of the land and would supersede any federal statutes to the contrary, if Congress ever passed one.
Texas is leading the fight, with the help of Governors from across the country, to do the job that President Joe Biden has failed to do. We will continue to build barriers that deny illegal entry into our state, arrest immigrants that cross illegally, and fulfill our duty to secure our border.
Just like our Founding Fathers, we will illustrate to Americans exactly what our great constitution provides, and how its structure empowers the states as well as the federal government to preserve the safety and well-being of every American. We are the inheritors of a responsibility first recognized by our brave ancestors more than 235 years ago. As long as we must, we will defend our state, and this nation, from grievous threats to our border.
Greg Abbott is the governor of Texas.
