I had the opportunity to engage in a debate on border-related law and policy issues with former Arizona Attorney General Mark Brnovich. Our discussion focused on whether illegal migration and drug smuggling can be considered an “invasion” under the Constitution, thus giving states the power to “engage in war” in response. Texas has taken the position that this qualifies as an invasion in two cases currently pending in the courts. The debate took place as part of the Daniel Webster debate series, organized by the Georgetown University Law Center Federalist Society. Unfortunately, I am unable to include the video in this post as the producer has disabled that option. However, the video can be viewed on Youtube here.
For a more in-depth analysis on why illegal migration and drug smuggling do not constitute an “invasion,” I have written an article available here. Additionally, I have submitted an amicus brief in one of the cases currently before the US Court of Appeals for the Fifth Circuit.
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