Alien Enemies, Alien Friends, and the Concept of “Allegiance”
The doctrine of allegiance is crucial for understanding the Alien Enemies Act, but it also is crucial for understanding the Constitution itself.
United States v. Abbott and State War Powers
A federal court of appeals has upheld the right of Texas to defend itself against illegal immigration by erecting a barrier in the Rio Grande River.
The Great John Marshall: Part 1
John Marshall helped secure adoption of the Constitution.
Responding to Professor Bowman’s “Immigration Is Not An Invasion”
The effect of this constitutional provision . . . is only to allow a state to defend itself fully—and without congressional consent—when invaded or about to be invaded.
Our Article on the Power of States to Combat Illegal Immigration Has Been Published!
This new paper summarizes state war powers and how states may mobilize them against unauthorized immigration.
Understanding the Constitution: How States May Respond to Illegal Immigration—Part IV
Some defensive state war powers should not be subject to federal preemption at all.
Understanding the Constitution: How States May Respond to Illegal Immigration—Part III
The state invaded has the right to seek out and kill the invaders and those responsible for the invasion.
Understanding the Constitution: How States May Respond to Illegal Immigration—Part II
Under the Constitution, the states may wage defensive war without federal permission.
Understanding the Constitution: How States May Respond to Illegal Immigration—Part I
What is important for legal purposes is not how we use those words. What is important is how the Constitution uses them.
Immigration: How Biden Is violating the Constitution
The current situation at the southern border . . . is an “invasion” as the Constitution uses the term. Biden’s failure to stop it is a violation of the Guarantee Clause.
