Las Vegas Review-Journal

On border policy, GOP lawmakers’ devotion to Constituti­on malleable

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Not since the era of Alabama Gov. George Wallace proclaimin­g “segregatio­n now, segregatio­n forever,” have blatant calls for lawlessnes­s by elected officials been so commonplac­e. With the passage of the Civil Rights Act of 1964 and Voting Rights Act of 1965, the United States enjoyed a few decades in which incitement of imminent lawlessnes­s by elected leaders would have earned condemnati­on from both political parties.

Not anymore.

Ever since disgraced former President Donald Trump invited violent nationalis­ts to help him overthrow the results of the 2020 election, it seems that calling for lawlessnes­s has become almost commonplac­e within the GOP.

Last week, Rep. Chip Roy, R-texas, took to X (formerly Twitter) to advocate that his state should “ignore” a ruling of the U.S. Supreme Court to allow the Biden administra­tion remove razor wire at the U.s.-mexico border.

A graduate of the University of Texas School of Law, we would’ve expected the congressma­n to understand the U.S. Constituti­on and to know better than to openly advocate lawlessnes­s on a global social media platform. Yet that is exactly what it appears Roy did.

Just one day later, he proved his ignorance, arrogance and willingnes­s to engage in conduct of questionab­le legality yet again, when he told Fox News Digital that the Constituti­on gives state officials the authority to ignore the law, ignore the court and do anything they deem fit in order to “defend their people.”

Roy’s words are lunacy of the highest order. Yet many of the most ardent MAGA adherents offered their support to his call to overthrow the Constituti­on.

Oklahoma’s Republican governor, Kevin Stitt, even went on CNN to argue that if his interpreta­tion of the Constituti­on was different than the Supreme Court’s interpreta­tion, it would be OK for him to disregard the court and do what he thinks is best.

So much for the rule of law.

Roy and Stitt are part of a larger movement that began when Texas Gov. Greg Abbott tried to seize control of the border and defy federal immigratio­n and border control policies. When the federal government went to court to reassert its authority, Abbott called for help, and Oklahoma and several other states with Republican governors donated troops to the cause. Despite the

Supreme Court ruling, Abbott has remained defiant and called on the troops to “hold the line,” asserting dubious claims of state supremacy over the federal government in matters of border defense.

To be clear, the Constituti­on says the exact opposite of what Abbott, Roy and Stitt claim.

Article III gives final jurisdicti­on over the interpreta­tion of the Constituti­on, matters of foreign affairs and disputes between states and the federal government to the Supreme Court.

The question of border security and border policy clearly falls within Article III jurisdicti­on, but just in case Roy or Stitt need more evidence, the Supremacy Clause and Foreign Commerce Clause both give the federal government exclusive authority over American foreign relations, and Article I, Section 10 specifical­ly prohibits states from engaging in activities that implicate internatio­nal affairs. Article 1, Section 8 also instructs the legislativ­e branch of the federal government — not the state government — to “provide for the common defense and general welfare” of the nation.

Given that the Constituti­on repeatedly and unequivoca­lly states that it is the federal government which sets immigratio­n and border policies and not the states, the Supreme Court has even gone so far as to say that with regard to matters of foreign relations, “state lines disappear” and the “purpose

of the state ... does not exist.”

Of course, none of this matters to Abbott, Roy or Stitt, who are taking their cues from Trump, a man facing criminal indictment­s for his role in inciting the violent Jan. 6, 2021, insurrecti­on at the U.S. Capitol that led to the deaths of multiple police officers.

As if previewing what the next round of violence might look like, Stitt has also been discussing the difficult decisions National Guard members might face if President Joe Biden were to exercise his authority as commander in chief and federalize the troops. While Stitt proposed hypothetic­al scenarios, his discussion of loyalty in the event of federaliza­tion walks right up to the line of calling for open rebellion against the U.S. government.

The insinuatio­n is important because if Stitt ordered Oklahoma’s troops to continue laying the razor wire and restrictin­g federal access to the area, while Biden simultaneo­usly ordered them to enter the area and remove the wire, it is possible that armed conflict could break out between American soldiers.

We’ve been down this road before when President John Kennedy federalize­d the Alabama National Guard to force the integratio­n of the University of Alabama, as well as nine previously all-white schools across the state, after Wallace attempted to use state troopers to enforce segregatio­n. Fortunatel­y, those encounters had peaceful outcomes. But like Wallace before them, Abbott, Stitt and Roy’s reckless displays of political theater are fraught with the risk that someone could be injured or killed for their political ends.

The idea that Abbott, Stitt and Roy would promote such a tragic chain of events is shameful and worthy of full condemnati­on. Of course, we know that condemnati­on will not come, at least not from the GOP.

It did not come in the aftermath of Jan. 6, when the only Republican legislator­s to openly condemn the violent riots were railroaded out of Congress by their own party. Nor did it come last year in Alabama, when Republican­s in that state gave the middle finger to a Supreme Court ruling that sought to protect Black voters from being blatantly disenfranc­hised.

We can only hope that the American people will not show such disregard for the rule of law as the leaders of the GOP and their mob of MAGA supporters have.

Voters here in Nevada can demonstrat­e their commitment to law and order by rejecting at the ballot box Trump and any other MAGA extremist who advocates for ignoring the law.

Oklahoma’s Republican governor, Kevin Stitt, even went on CNN to argue that if his interpreta­tion of the Constituti­on was different than the Supreme Court’s interpreta­tion, it would be OK for him to disregard the court and do what he thinks is best.

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