Extremists Call for ‘Civil War’ and ‘Secession’ Over Texas Border Ruling
Extremists Call for ‘Civil War’ and ‘Secession’ Over Texas Border Ruling
“The feds are staging a civil war, and Texas should stand their ground,” a GOP Congressman tweeted after the Supreme Court ruled for the Biden Administration.
They do this all the time. Maybe Biden should call their bluff, execute his powers as Commander in Chief, and order the National Guard in Texas to turn on State Police.
Yeah, heading into the 2018 midterm Trump tried to create a border crisis. It didn't work. This is their election trick, create a lot of smoke, rile up the base, think that it will rile everyone else up.
I mean let's look at the core aspect of Abbott's argument from his statement.
That is why the Framers included both Article IV, § 4, which promises that the federal government “shall protect each [State] against invasion,” and Article I, § 10, Clause 3, which acknowledges “the States’ sovereign interest in protecting their borders.” Arizona v. United States, 567 U.S. 387, 419 (2012) (Scalia, J., dissenting).
Right out the gate, Abbott is based his ideology on a dissenting opinion. That is, the NON-MAJORITY finding of the court in Arizona v. United States. In fact, Arizona v. United States indicated explicitly that enforcement of the border was the sole privilege of the Federal Government. So right out the gate Abbott is literally using a case that ruled the opposite of the determination he indicated in his statement.
Additionally, Art. I, § 10, C. 3 of the Constitution.
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.
Historically this was used for Native American invasions of property and so the key factor in cases around this is "will not admit of delay". Texas is not burning. No historical read of this section of the Constitution supports immigrants coming into the Nation. By definition as we have it thus far, Texas is not being invaded. Additionally, Scalia's conceptualization of this section, no other Justice has joined in on that understanding. So outside of the opinion of a single justice, a Governor just saying "I'm being invaded! I get to invalidate federal law!" nobody else has ever indicated this is the way it should be read.
With Art. I, § 10, C. 3, you can say "I'm being invaded!" But you still have to follow the law. You can fight invaders and maintain the law of this land, they are not mutually exclusive things, no matter how hard Abbott or Scalia wishes it to be otherwise.
And finally, the Art. IV, § 4 argument.
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.
Again, no court would uphold that Texas is being invaded. But Abbott is adamant about Biden "isn't enforcing…" And the thing is, Governors do not get to legally make that determination. What laws are and are not being enforced by a President is the sole prerogative of the Executive branch. (Wayte v. United States)
The Governor of Texas cannot just unilaterally make a determination that the President isn't XYZing. That's what the court system is for and distinctly the thing that Abbott has lost. If the Governor felt that the President was not holding up their end, they have every right under Article III of the Constitution to take it up there. Which that's what Abbott did and lost. Also, why when he was questioned if his defiance would be upheld by SCOTUS, he merely indicated that he felt the 5th Circuit would uphold it. Meaning, he knows that SCOTUS will overturn any determination the Governor is making on this front.
And with all of that, his core argument has nothing. It's easy to pick apart. Now here's the thing, Gov. Abbott is not stupid in the legal sense. He's quite aware that his determination is unfounded. He's banking on stirring the pot enough to make either Biden do something so that can be plastered all over the place or getting the issue fresh into his base's minds.
And like I said, this is exactly what they did 2018 and lost. Abbott is just trying to get under everyone's skin and he seems determined to spend as much of Texan taxpayers' money in litigation to do that one thing.
I'm in favor of calling the bluff, but leave it peaceful:
- Army bases remain US army bases and the national guard remains US. Texas must raise its own military without any US military equipment. Existing US servicemen must resign if they wish to join the Texas military, and will be treated as foreign army -- they must leave US bases.
- Any companies headquartered in Texas will be considered foreign companies and subject to all relevant taxes and laws. Employees will be considered employed by foreign companies. Any subsidizes and other credits to these companies are forfeit.
- Employees of the state government will be considered foreign state agents.
- Trade deals must be negotiated with the US. Any US facilities providing goods and services, like water or energy, will now charge a fair market rate.
- Texas must renegotiate trade with other countries.
- For the first five years, Texas and the US must allow people to freely move out of or into Texas. If any Texas resident wishes to live as a US citizen, Texas must pay for their relocation.
- After that, or if they choose to renounce US citizenship, Texans are considered foreigners and will be treated as illegal immigrants if they enter the US without proper documentation.
- Texas universities lose all US accreditation. Current Students may transfer to a US university at no cost, and have their existing credits recognized. Texas will pay for any moves. New students from Texas will be considered foreign students and applicants for admissions and tuition at US universities.
- Any attack on US people or property or facilities will be seen as an act of war.
- Texas senators and house representatives are expelled from Congress.
They'll be crying and begging to rejoin the US within a month. They'll be a fourth world hell scape within a year if they don't.
As someone who actually lives here, I would be very hard pressed to find someone who actually thinks secession is a good idea. It has been years since I've met someone who didn't consider it anything more than a joke or bit of (false) trivia.
Be aware that Lemmy is a pretty radically legt place. It isn't where to go if you want nuanced takes on stupid conservative talking points.
Probably the best example of irony you’ll ever see: Texas becomes SAFER when illegal immigration increases. Sauce: https://www.pnas.org/doi/full/10.1073/pnas.2014704117
Gonna be hard to get that FEMA money Texas needs every few years once they secede.
So they can return to their rightful owner Mexico...right? Right...? 🥺🥺🥺
FAFO Texas.
U.S.C. 18: 111
This statute outlines certain types of assault against a federal officer and the appropriate charges and penalties. Penalties for Assaulting or Resisting a Federal Officer A simple assault of a federal officer carries a $100,000 fine and up to one year in prison.
For example, simple assault is forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers while performing their duties. As noted, physical contact or injury is not required for a conviction.
Simple federal assault is a Class A misdemeanor that carries up to 1 year in jail and fines of up to $100,000.
(b) Enhanced Penalty.—
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
If they touch a Federal agent, make an example out of them & their immediate supervisor via a Conspiracy charge.
The marketing for the Civil War movie is getting out of control.
Oh look, that's so cute. A bunch of idiots who never read the constitution nor know of our history. Secession is illegal and cannot happen. The union is unbreakable. I live in Texas. Please liberate us.
So, are they recalling their Congressional delegations?
Republicans just love doing Putins work.
I think they should. It would take care of the problem immediately since they would get curb stomped in about .2 seconds.
Hahaha good fucking luck. We all saw Uvalde, we watched your government let people freeze to death at home. Go ahead and try but historically oil rich nations with authoritarian leadership get some of that sweet American™️ freedom by force.
“The feds are staging a civil war, and Texas should stand their ground.”
That’s not a post by an anonymous user on a fringe messageboard. That was a post on X by Rep. Clay Higgins, a GOP congressman from Louisiana, who was responding to the Supreme Court’s ruling that the Biden Administration—and not Texas—has jurisdiction over border enforcement.
Stay in your lane, pal.
Texas is a big place but I don't know if it has the capabilities support itself as a sovereign country and have a full scale war against 49 other states. That being said secession is a bumper sticker cause for most who support it not to diminish the threat but I think they are obviously overplaying their hand.
Why is it that the crazy morons always have a louder voice than anyone else?
Do it lmao, let's see how it turns out.
Who didn't see this coming? It was clear from beginning.
And it's another proof that compromise politic doesn't work.
I honestly think we should not give voice to these people. It just adds legitimacy to their wacko delusions.
I wonder what the strategy of this rhetoric and defiance is. I don't think it's just about immigration. I imagine they are trying to get favorable precedents set by the right-wing courts. I could also see, in the not too distant future, blue states defying a Republican-controlled federal government on things like a national abortion ban and anti-lgbt laws, so ideas and precedents normalized here could be applicable there.
Please insane Texans, do that, I already grabbed my popcorn and I can't wait to laugh at you
Its a good time to be a razor wire salesman tho
Hope you guys can sort all this out by Oscar Night.
Biden should demand Texas to become either Catholic or Democrat.
Then do the opposite they choose! Show them raw power!
Zzzzz
I am not a conservative, I'm not a liberal either I'm just some dude but seriously are we all just cool with swaths of illegal immigrants coming in all the time? Like, literally nothing to stop them just giving them a hand up over the water? It just doesn't seem like a good long term strategy, does it? I mean we can't just walk into Canada if we feel like it either. Idk man Texas has a lot of issues but them saying they are enforcing their border because the feds just let undocumented people walk right in doesn't seem that wild for real. If someone kept breaking into your house and the police did jack shit about it (which they really would) what would you do?