Immigration: How the Biden Regime Is Violating the Constitution

Article author: 
Rob Natelson
Article publisher: 
Epoch Times
Article date: 
October 14, 2021
Article category: 
National News
Article Body: 

... there is another constitutional provision relevant to the Biden administration’s conduct—less noticed, but just as important. It is Article IV, Section 4:

“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 provision is known as the Guarantee Clause.

What the Guarantee Clause Does

The Guarantee Clause both imposes obligations and implicitly grants the federal government power to meet those obligations. Although constitutional law courses often underplay the Guarantee Clause, it is one of the Constitution’s most important provisions. It stabilizes the Union. It is the chief source of the federal power of national defense. It sometimes authorizes military action without a declaration of war: all facts lost on many constitutional writers.

The Guarantee Clause imposes three specific obligations on “The United States”—which, in this context, means the U.S. government. They are:

  • to guarantee every state a republican form of government;
  • to protect every state from invasion; and
  • when a state requests help, to protect that state against domestic violence.



The Guarantee Clause’s second obligation is to protect states against invasion. The Founding-era record confirms that, as the Constitution uses the term, invasion does not mean an incursion by a pandemic or by killer bees. It means a human invasion from a foreign country....

Even if the courts refuse jurisdiction, a state making a formal charge thereby presents its case to the court of public opinion: “We are being invaded. We have asked for help. The president is obligated to provide it but refuses to do so. Hold him accountable.”
All the states on the southern border should make those formal charges. Loud and clear.