US Supreme Court Undermines American Sovereignty

AUTHOR

Allen West

DATE

January 23, 2024

As you all are probably aware, the US Supreme Court decided 5-4 to allow the federal government to take down the border concertina wire placed by the State of Texas. Chief Justice Roberts and Justice Amy Coney-Barrett joined with leftist Justices Sotomayor, Hagan, and Brown-Jackson asserting that the federal government could force, and remove, the wire. In essence, what the highest court in the land decided was that if the federal government abdicated its prescribed and enumerated constitutional duty and responsibility, States have no recourse.

This is, first, a complete violation of the concept of “Federalism.” Secondly, it establishes a very dangerous precedent. In essence declaring the federal government does not have to abide by the rule of law, the US Constitution.

The five justices who voted in this manner did not interpret the law. I wonder how many of them have visited the southern border?

The SCOTUS decision adds fuel to the idea of TEXIT, Texas’ secession from the United States. And, actually, they have a very good reason. The chances of a TEXIT happening is not probable, but this SCOTUS decision gives that movement good reason. Sadly, this is the type of issue that could ignite a dangerous civil war, and that is not empty rhetoric or hyperbole. That is something no one wishes to happen . . . but here is why it could.

The Biden administration has willfully, intentionally, and purposefully rejected the previous policies of the Trump administration and completely opened our border. There are estimates that some 10 million illegal immigrants have been granted a permanent stay in America. There are almost 2 million more who are referred to as “got-aways” that are roaming about freely in our Republic.

Article IV, Section 4 of the US Constitution is called the “Guarantee Clause,” and it states:

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

This is an enumerated duty and responsibility of the federal government, which this Biden administration has absconded.

The Founding Fathers made it clear that when the federal government punted on this responsibility, States have an enumerated power. Article I, Section 10, Clause 3 of the Constitution states:

“No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

There can be no debate that when people from over 160 different countries — many single military-aged males — illegally cross into our sovereign nation it is an invasion. The loss of American lives to fentanyl, the human and sex trafficking crisis, along with the national and domestic security threats do represent imminent danger . . . and there is no admit of delay. I am not some constitutional lawyer but this is quite clear and it doesn’t take a black robe to figure this out. Why is it that there were no opinions released with this decision? At least, I did not see any.

So, if the federal government declares that illegals are allowed to vote in our election, can States block that? If the federal government says that they are going to enlist illegal immigrants into our military, can States block recruiting centers in their respective jurisdictions to block that?

This represents a clear violation of the ideal of federalism. It certainly is not consistent with the “Supremacy Clause” of the Constitution (Article VI, Section 2), which states:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

Therefore, the federal government is supreme over the States as long as what they are doing is in pursuance thereof . . . three very important words. And, ensuingly, the rulings of the US Supreme Court are supreme as long as they are done in pursuance thereof in interpreting the US Constitution.

This decision ranks as one of the worst SCOTUS has made, along with Dred Scott, Plessy v. Ferguson, Roe v. Wade, and removal of prayer in schools, well, only for Christians. I presume there will be countless appeals, but my recommendation is that this absurd decision by the US Supreme Court be disregarded. We should be seriously concerned when the SCOTUS of this Constitutional Republic finds itself on the side of violating the Constitution. Texas is a sovereign State and its sovereignty is being undermined, along with the rest of our country. We know that sovereign States created the United States, meaning the federal government. As stated, this is a complete violation of the concept of federalism.

There is no explanation as to why Chief Justice Roberts and Justice Coney-Barrett would join in with the leftist justices. We know that Kagan, Sotomayor, and Brown-Jackson are leftist ideologues and judicial activists. It is a sad day when we believe that we have a conservative, originalist constitutional adherence with a 6-3 majority on the SCOTUS . . . then we realize we do not have that.

Last time I checked, there was a security barrier around the US Supreme Court. I guess it all comes down to “rules for thee, but not for me.”

Steadfast and Loyal.

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