Immigration: How the Biden Regime Is Violating the Constitution

Article author: 
Rob Natelson
Article publisher: 
Epoch Times
Article date: 
14 October 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.

The Disaster at Our Southern Border, by Mark Morgon, Former Acting Commissioner, U.S. Customs and Border Protection, Imprimis, August 2021:

In just a few short months, the Biden administration has created a disaster on the southern border of the United States. It did so by methodically—and by all indications intentionally—undoing every meaningful border security measure that had been in place. As a result, we have had five straight months of over 170,000 illegal immigrants apprehended at the border. The number in June was the highest in over 20 years. And Immigration and Customs Enforcement (ICE) has been effectively shut down....

The unspoken alternative is to enforce the law, taking in immigrants who enter the U.S. legally while securing our borders against those who attempt to enter illegally—particularly those meaning to do us harm....

In conclusion, it is simply common sense to view border security as national security. If you make this point today, you risk being called a racist or worse. But it needs to be said over and over until we fight our way back to the point where we have a bipartisan consensus that immigration laws should be enforced....

What we need is widespread active public involvement. Illegal immigration, border security, the erosion of the rule of law, and the loss of our nation’s sovereignty are interconnected, and should be debated as important issues in local and state politics as well as national....

How many illegal aliens reside in the United States?