By Rob Natelson | SOURCE: INDEPENDENCE INSTITUTE
This essay first appeared in the Jan. 9, 2024 Epoch Times.
Part I of this series showed that under the Constitution, an “invasion” triggers powers and obligations for both federal and state governments. It also showed that mass unauthorized immigration at the Southern border meets the constitutional definition of an “invasion.”
This Part II explains federal and state responsibility in the face of invasion. Further, this Part introduces the topic of trans-national criminal gangs, and how states may respond to them.
All the installments in this series are based on a research article I co-wrote with legal scholar Andrew T. Hyman (pdf).