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This fifth and final essay recounts what we discovered about (1) the Constitution’s words “natural born Citizen” and (2) the claim that U.S.-born children of illegal immigrants are “birthright citizens.”

The issue comes up this way: First, a state makes a decision traditionally associated with defensive war. It may erect barriers, restrict foreign goods, control immigration, or hold prisoners. Then the federal government or private parties sue the state, claiming these subjects are “preempted” by federal law, and the state may do nothing. Federal preemption arguments have had more success than the Constitution justifies.

As part of our research into state war powers, my co-author, Andrew T. Hyman, and I examined the scope of “defensive war” as the Founders understood it. In other words, we examined what an American state can, and can’t do, when fighting a defensive war.

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.

As unauthorized foreigners continue to flood across the Southern border, state officials continue to cast about for solutions. In normal times, the federal government would remedy the problem. But these are not normal times: The administration of President Joe Biden actually seems to be aiding the influx.