New Civitas Outlook Essay: Four Questions and Few Answers About the Invasion Clause
I have written several somewhat tentative posts on the Invasion Clause. This is an issue on which the courts have not substantially opined, and there is very little settled precedent In my latest essay for Civitas Outlook, I raise four questions for which there are few answers.
Here is the introduction:
On inauguration day, President Trump signed a proclamation “guaranteeing the states protection against invasion.” Trump determined that the federal government had “failed in fulfilling [its] obligation to the States” at the southern border and would “take measures to fulfill its obligation to the States.” In 2024, Texas Governor Greg Abbott also declared that there was an invasion at the southern border. Most critics saw these actions as partisan statements with no actual legal effect. I disagree. There are important constitutional ramifications to declaring an invasion. If there is an invasion, both the federal government and the states receive additional war powers to repel that invasion. Federal laws that conflict with those war powers may give way. Mo
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
