The doctrine of allegiance is crucial for understanding the Alien Enemies Act, but it also is crucial for understanding the Constitution itself.
Alien Enemies, Alien Friends, and the Concept of “Allegiance” Read More »
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.
United States v. Abbott and State War Powers Read More »
John Marshall helped secure adoption of the Constitution.
The Great John Marshall: Part 1 Read More »
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.
Responding to Professor Bowman’s “Immigration Is Not An Invasion” Read More »
This new paper summarizes state war powers and how states may mobilize them against unauthorized immigration.
Our Article on the Power of States to Combat Illegal Immigration Has Been Published! Read More »
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 IV Read More »
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 III Read More »
Under the Constitution, the states may wage defensive war without federal permission.
Understanding the Constitution: How States May Respond to Illegal Immigration—Part II Read More »
What is important for legal purposes is not how we use those words. What is important is how the Constitution uses them.
Understanding the Constitution: How States May Respond to Illegal Immigration—Part I Read More »
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.
Immigration: How Biden Is violating the Constitution Read More »
