Photo from: Texas Scorecard
By: MAJ (RET) Montgomery J. Granger (@mjgranger1)
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” – Thomas Jefferson
The United States Supreme Court recently voted 5-4 to prevent the Texas National Guard from protecting its border with Mexico. Specifically, the Court has ruled to allow the federal government to cut razor wire that Texas has placed at the border to prevent invasion.
The concept of protecting the United States from foreign invasion is implicit in our country’s constitutional framework, particularly in the Preamble and Article IV, Section 4 of the U.S. Constitution.
Preamble:
The Preamble outlines the purposes of the Constitution, one of which is to “provide for the common defense.” This reflects the intention to establish a government that can defend the nation and its citizens from external threats.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
There is no mention of invaders, immigrants, or non-citizens. “We the People” refers to us, the citizens of the country: Those who were lawfully born here or who have become naturalized through the legal process of citizenship; those who took an oath, a pledge to preserve, protect, and defend the Constitution against all enemies, foreign and domestic.
Article IV, Section 4:
Article IV, Section 4 reinforces the commitment to protecting each particular state from invasion and domestic violence. 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.
These sections outline the country’s commitment to common defense and protection against invasion, but the specifics of how those commitments will be carried out, including the role of the military and other security measures, are detailed in subsequent articles and amendments, particularly Article I, Section 8, which grants Congress the power to raise and support armies, among other things, in order to provide for the common defense:
“To raise and support Armies”: Congress has the power to raise and maintain a standing army. However, appropriations for the army must be made for a term not exceeding two years. This provision emphasizes the principle of civilian control over the military.
“To provide and maintain a Navy”: Congress has the power to establish and maintain a navy.
“To make Rules for the Government and Regulation of the land and naval Forces”: This clause gives Congress the authority to create rules and regulations for the governance and discipline of the military forces, both land and naval.
“To provide for calling forth the Militia”: Congress can authorize the calling forth of the militia to execute the laws of the Union, suppress insurrections, and repel invasions.
“To provide for organizing, arming, and disciplining the Militia”: While Congress has the power to organize, arm, and discipline the militia, the states retain the authority to appoint the officers and train the militia according to the discipline prescribed by Congress.
“To exercise exclusive Legislation in all Cases whatsoever, over such District as may become the Seat of the Government”: This clause gives Congress authority over the federal district, ensuring the security of the capital.
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”: Commonly called the “Necessary and Proper Clause,” this section grants Congress the authority to pass such laws as are necessary for and appropriate to the execution of the powers enumerated in Section 8, including those related to defense.
These clauses collectively empower Congress to take actions related to national defense, both in times of peace and in response to threats or conflicts. It establishes the framework for maintaining military forces, regulating the militia, and ensuring the security and defense of the United States.
A fifth grader could comprehend these terms. So, why is it that Sleepy Joe Biden and Company cannot or will not comprehend them and then act as their oaths require?
If you asked that same fifth grader what he thinks should be done about it, he may refer you to the Suspension Clause.
The Suspension Clause refers to Article I, Section 9, Clause 2 of the United States Constitution, which states:
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
The Writ of Habeas Corpus is a legal order that requires a person who is detained or imprisoned to be brought before a court or judge, along with evidence justifying their detention. The Suspension Clause, however, gives Congress the authority to suspend the writ of habeas corpus under specific circumstances, namely during times of rebellion or invasion when the public safety requires it.
The purpose of the Suspension Clause is to safeguard individual liberties by ensuring that the government cannot indefinitely detain individuals without proper legal recourse. However, the framers of the Constitution recognized that there might be exceptional circumstances, such as a rebellion or invasion, when it would be appropriate to temporarily suspend the ordinary operation of habeas corpus for the sake of public safety.
Throughout U.S. history, there have been several instances when the writ of habeas corpus was suspended, most notably during the Civil War and Reconstruction era. The constitutionality of such suspensions has been the subject of numerous legal and historical debates.
But now, the situation is much clearer. We can all see that the swarms of healthy-looking, able-bodied, military-aged men swarming the border are not desperate asylum-seeking indigents. They are plainly invaders intent on decreasing the life, liberty, and pursuit of happiness of U.S. citizens and lawful immigrants.
That fifth grader may also show you that the Declaration of Independence, which preceded the Constitution, states that if the government isn’t working or holding to the promises of the Constitution, the people may get rid of it:
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
This reflects the Enlightenment philosophy that governments derive their just powers from the consent of the governed and that when a government fails to protect the rights of the people, they have the right to replace it with a new one.
It’s important to note that the U.S. Constitution itself provides mechanisms for change and adaptation through amendments. However, the sentiment expressed in the Declaration of Independence underscores the broader principle that the legitimacy of government is rooted in the protection of individual rights and the consent of the governed.
Our legitimate avenue of redress of our grievances lies in the First Amendment of the U.S. Constitution, which protects several fundamental rights, including the freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
This constitutional provision underscores the importance of citizens’ ability to express their concerns, criticisms, and grievances to the government without fear of retaliation. Through peaceful assembly and petitioning, citizens can communicate their dissatisfaction with government actions and seek remedies or changes.
It’s worth noting that the First Amendment reflects the Founding Fathers’ commitment to protecting citizens’ freedom of expression and their right to participate in the democratic process by holding the government accountable.
That same fifth grader, given the current circumstances at the southern border and the behavior of the current government, may rightly conclude that the next step may necessarily be revolution, another “turn” in the government.
MAJ Granger was the ranking US Army Medical Department officer with the Joint Detainee Operations Group, Joint Task Force 160, from February to June 2002 at Gitmo. He is the author of the memoir, “Saving Grace at Guantanamo Bay,” and narrator of the short documentary YouTube film, “Heroes of GITMO,” based on his book.