Publius-Huldah's Blog

Understanding the Constitution

Yes! Trump has constitutional authority to secure our Southern Border

By Publius Huldah

Instead of reading our Constitution and seeing what it says, Americans get their legal advice from what “everybody says”.

Now, they are hearing about “emergency powers”, and are in a tail spin. Did Congress’ “Emergency Powers Act” delegate to the President the power to call whatever he wants an “emergency” & then do what he deems best?

Our focus shouldn’t be on what can be called an “emergency”; but what does our Constitution authorize the federal government to do (if anything) with respect to the hot topic of the day?

Let’s look at Migration (immigration) in the context of the hordes of aliens storming thru our Southern Border. What does our Constitution say about it?

Art. I, § 9, clause 1, delegates power over Migration (immigration) to Congress. So Congress is to make the immigration laws; & the President, as Chief Executive, is to put Congress’ laws into effect.

Art. IV, § 4 REQUIRES the United States to protect each of the States against Invasion.

Art. I, § 8, clauses 15 & 16, authorize the calling up of the Militia for 3 purposes: to execute the Laws of the Union; to suppress Insurrections; and repel Invasions.

Art. II, § 3 authorizes the President to recommend to Congress such measures as he deems necessary and expedient; to convene Congress on extraordinary occasions; and requires him to take care that the laws be faithfully executed (that includes the immigration laws.)

Art. II, § 2, provides that the President is CINC of the armed forces. He is CINC of the Militia when it is called into active service of the United States. As noted above, the Militia may be called into active service to “repel invasions”.

So those are the Constitutional Provisions which apply to the invasion of our Southern Border.

America is finished if we don’t control our Southern Border. Congress and the President have clear constitutional authority – actually, they have the DUTY – to control our Southern Border.

The best way the control the Southern Border is to build a wall. [I know from personal observation during the Cold War that the wall the Soviets built between East & West Germany prevented people in the East from escaping to the West.]

What if Congress refuses to fund the wall? Must the President tell the American People, “Well, I tried. But my hands are tied. You better get ready for civil war.”

No! Art. IV, § 4 imposes on the United States the Duty to protect each of the States against invasion. If Congress won’t do it, the President must. He is Chief Executive of the United States. For him to refuse to act for the reason that Congress won’t fund the wall would be as contemptible as the Husband and Father who refuses to get armed to protect his Family because the government says he can’t be armed.

So, the President may solicit donations from the American People for funds, labor, and construction materials, to build a wall.

About “calling up the Militia” to “repel invasions”

We no longer have the Militia provided for at Art. I, §8, clauses 15 & 16.

During 1903, the American People and their federal and state legislators (who had all “mainlined” on Progressivism) went along with the federalizing of the Militia. This was done with the grotesquely unconstitutional federal Dick Act of 1903. ¹ That unlawfully converted the Militia into the National Guard, which is an adjunct of the federal military.

If we still had the “Militia of the several States”, it would be obvious that the Militia must be  – and could be – called into national service to repel the “invasion” coming through our Southern Border.

But since we no longer have the Militia, we must rely on the closest thing to a Militia we have left: The National Guard.  Congress has passed a law which authorizes the President to call the National Guard into national service. When I get time, I’ll locate it and link to it – but the President probably has authority to call up the National Guard to protect our Southern Border and the construction workers while the Wall is being built.

But if Push comes to Shove, the President has the Clear Duty to protect our Southern Border and to “preserve, protect and defend the Constitution of the United States”.

Remember – the Questions are always: “What does the Constitution authorize” & “What Duties does the Constitution impose on the federal government?”

There is no substitute for reading the Constitution for yourself. Article by Article – and then seeing how the Articles all work together – hand in glove. It really was a 6,000 year miracle.

Endnote:

¹ The Dick Act was unconstitutional – as well as malignant – because it converted the Militia [which was controlled by the States unless called into federal service for one of the three stated purposes] into an entity which is controlled by the federal government.  That the Dick Act passed shows that Americans of 100 years ago were also ignorant, short-sighted, and foolish.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

January 15, 2019 - Posted by | Article IV, Sec. 4, Build the Wall!, Control the Border, Dick Act of 1903, Militia | , , , , , , ,

47 Comments »

  1. […] Yes! Trump has constitutional authority to secure our Southern Border By Publius Huldah Let’s look at Migration (immigration) in the context of the hordes of aliens storming thru our Southern Border. What does our Constitution say about it? https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by UPA Report 5.19.19 Yes! Trump has constitutional authority to put US Military on our Southern Border. Posse Comitatus Act does not apply. : :: United Patriots of America :: | May 19, 2019 | Reply

  2. Outside the militia/nat’l guard, cannot a State form its own discrete Self-Defense Force comprised of volunteers from within the State over which only the governor could exercise control, this in case the feds failed to do their duty to protect the State from :”foreign invasion” etc, or would the federal gov’t view such a development as unlawful, unconstitutional and/or seditious or rebellious? I believe I read somewhere that some States do have a volunteer Self-Defense Force, but I am not certain has to that force’s independence and its limits of use.

    Like

    Comment by jim delaney | February 16, 2019 | Reply

    • Why would a State ever need anything but the Militia?

      Read my blog posts under the Category “Militia” & watch Edwin Vieira’s short video on the Militia – it is not at all the same as the national guard.

      Like

      Comment by Publius Huldah | February 28, 2019 | Reply

  3. Spot on, we are a Republic based on laws (constitution) , not a progresive I thinkism which the democrats seem o be of. Only using the constitution for convience.

    Like

    Comment by Ken Raszmann | January 17, 2019 | Reply

  4. I thank God for Publius Huldah!

    Like

    Comment by Janice Parker | January 17, 2019 | Reply

    • Thank you. I appreciate your kind words and encouragement.

      Like

      Comment by Publius Huldah | January 17, 2019 | Reply

  5. P.H., I have tried several times to leave a comment or ask a question and they do not seem to appear, I have signed in using my gmail account and my Facebook account. I shall try one more time.

    Dear Publius Hulda, I hope you will be able to answer the following:

    If WE the PEOPLE are/were intended to be the militia and have the Constitutional God given right to keep and bear arms to defend ourselves and our families against ALL enemies foreign and domestic, Then what exactly is our responsibility, what exactly can we do if our government refuses, for whatever reason, to carry out their duties and responsibilities under the Constitution? Yes, I know that we can vote them out of office, but even that has failed over and over again as every new new person we elect turns out to be no better than the ones we just voted out. Also, we never really seem to win in the courts either because even if cases in decided in our favor on Constitutional grounds, those in opposition ALWAYS seem to find a way to get around the courts; decision and continue to do as they please, and it has gotten far too expensive for the average person to continue fighting in the courts.

    Just about every one of our rights and freedoms under the BILL OF RIGHTS have been so neutered and watered down, that they are practically non-existent, and now with so many socialist/communists, along with Muslims being elected to Congress (both House and Senate), due to the high number of Constitutionally ignorant citizens, made so purposely by the educational system in this country, I honestly believe that WE are NOT headed toward a Constitutional Crisis, WE ALREADY are in a Constitutional Crisis, and have been for many, many years.
    So, WHAT EXACTLY can WE do to STOP illegals from entering the country in the first place, and removing them once they do get in, short of an all out CIVIL WAR if those in power and those on the left refuse to obey, defend and uphold the Constitution,

    I hope and pray that you can answer the above questions, because we seem to be all out of options.

    God Bless,
    Archbishop Gregori

    Like

    Comment by Sayedna Gregori | January 16, 2019 | Reply

    • That is distressing. I get enormous amounts of spam & filthy posts, so I had to activate the filters. This filters out most of the spam and all of the filth, but it also sometimes filters out the Good. I once checked all of the posts sent to my spam & trash files before emptying the files, but there got to be too many of those to check, so I started emptying them without checking.

      This letter of yours today went into spam, but fortunately, it was at the top of the list, so I saw it when I went to the spam file to empty it.

      Americans must refuse to surrender their arms. The Tenth Amendment Center is working with various State legislators to introduce state legislation which would make it unlawful for persons within the state to cooperate with the federal government in restricting our Right to be armed. E.g., https://blog.tenthamendmentcenter.com/2019/01/north-dakota-bill-would-set-foundation-for-a-gun-rights-sanctuary-state/

      Because of the invasion of this Country by third world aliens, terrorists, and welfare parasites, it does appear that Civil War is inevitable. The only way to avoid that is with massive deportations of the invaders. But it seems that Americans lack the will to deport the invaders. So, because of our weak Will, we condemn ourselves to a bloody Civil War. And for that, we MUST BE ARMED AND SKILLED IN THE USE OF ARMS.

      Thank you so much for persevering. I don’t know how to fix it so that your posts ALWAYS come to my inbox.

      Like

      Comment by Publius Huldah | January 16, 2019 | Reply

      • the democratic party is committing seditious conspiracy right now , they are failing to secure this country , they are willingly trying to take down the president and stopping him from faithfully executing the laws . whats next ?

        Like

        Comment by hippie49 | January 16, 2019 | Reply

        • The Democrats aren’t the only ones who are destroying our Country. The globalist RINOS have been pushing for open borders for many decades.

          And these RINOS are also the “Never Trumpers”.

          RINOS who have postured as “conservatives” are our real enemies. They are the wolves in sheeps’ clothing. At least we know who the Democrats are.

          Like

          Comment by Publius Huldah | January 16, 2019 | Reply

          • YOU ARE AGAIN CORRECT , MY APOLOGIES

            Like

            Comment by hippie49 | January 16, 2019

          • there is nothing to apologize for – and for sure no apology is CAPITAL LETTERS is needed!

            Like

            Comment by Publius Huldah | January 16, 2019

          • oh.. i didnt realize i did that.

            Like

            Comment by hippie49 | January 16, 2019

          • We are GOOD!

            Like

            Comment by Publius Huldah | January 17, 2019

  6. Reblogged this on stepman2001 and commented:
    Absolutely agree. SECURE the BORDER, ENFORCE the LAW, NO AMNESTY. With no barrier, wall or other detriment, those that wish to “invade us”, will not be deterred. #securetheborder

    Like

    Comment by Edward Durfee | January 16, 2019 | Reply

  7. […] Publius Huldah, “Yes! Trump Has the Authority to Secure Our Southern Border,” Publius Huldah blog, January 15, 2019.  Referenced at:  https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by Does President Trump Have Authority to Secure Our Southern Border? – Tenth Amendment Keepers | January 16, 2019 | Reply

  8. […] Publius Huldah, “Yes! Trump Has the Authority to Secure Our Southern Border,” Publius Huldah blog, January 15, 2019.  Referenced at:  https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by Does President Trump Have Authority to Secure Our Southern Border? – Tenth Amendment Movement | January 16, 2019 | Reply

  9. […] Publius Huldah, “Yes! Trump Has the Authority to Secure Our Southern Border,” Publius Huldah blog, January 15, 2019.  Referenced at:  https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by Does President Trump Have Authority to Secure Our Southern Border? | Tea In Politics | January 16, 2019 | Reply

  10. […] Publius Huldah, “Yes! Trump Has the Authority to Secure Our Southern Border,” Publius Huldah blog, January 15, 2019.  Referenced at:  https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by Does President Trump Have Authority to Secure Our Southern Border? | My Blog | January 16, 2019 | Reply

  11. […] Publius Huldah, “Yes! Trump Has the Authority to Secure Our Southern Border,” Publius Huldah blog, January 15, 2019.  Referenced at:  https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by Does President Trump Have Authority to Secure the Southern Border? | Why the TEA Party? | January 16, 2019 | Reply

  12. […] TRUMP HAS CONSTITUTIONAL AUTHORITY TO SECURE OUR SOUTHERN BORDER, by Publius Huldah  [https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by Does President Trump Have Authority to Secure Our Southern Border? | Forloveofgodandcountry's Blog | January 16, 2019 | Reply

  13. Where does all this take Us?
    Tell me please! When the first order of business of the new congress is the business of Israel and the issue regarding prohibiting the boycotting Israel for violating international law.

    Sent from my iPhone

    Like

    Comment by Michael Solitro | January 15, 2019 | Reply

    • We should first of all: secure our Border.
      Then withdraw from all of the globalist Treaties and organizations.
      It’s insane to focus on punishing Israel when the above is going on.

      Like

      Comment by Publius Huldah | January 15, 2019 | Reply

  14. i do believe that WE the people who are able bodied are still the militia

    Like

    Comment by hippie49 | January 15, 2019 | Reply

  15. Reblogged this on Starvin Larry.

    Like

    Comment by gamegetterII | January 15, 2019 | Reply

  16. I understand. Thank you for the kudos and for the permission to post your constitutional material. They will be posted in the section entitled Constitution Documents, and I may use one or more in the forums section. Right now, I’m trying to get the early family documents (i.e. books) uploaded, and that is a slow process.

    Have a great day.

    Like

    Comment by highlanderjuan | January 15, 2019 | Reply

  17. […] YES!! TRUMP HAS CONSTITUTIONAL AUTHORITY TO SECURE OUR SOUTHERN BORDER, by Publius Huldah, January 15, 2019  [https://publiushuldah.wordpress.com/2019/01/15/yes-trump-has-constitutional-authority-to-secure-our-… […]

    Like

    Pingback by Does President Trump Have the Authority to Seal Our Southern Border? | Forloveofgodandcountry's Blog | January 15, 2019 | Reply

  18. The final authority and legitimacy for strong borders comes from the Bible. God mandated every nation to secure its border. Those who wrote the U.S. Constitution incorporated the strong borders principle into our founding document and empowered the Executive Branch to carry out that responsibility. We need to point to the Bible as the authority on the subject, and let our citizens decide whether they wish to obey God or the Democrats.

    Secure national borders is a biblical concept taught in several passages throughout the scriptures.

    Genesis 11:1-11 is the story of the Tower of Babel which was the first United Nations building, the symbol of internationalism, multiculturalism and is where the no borders heresy and one-world government rebellion against God’s plan originated. God’s plan for the human race was for independent, sovereign nations to be formed throughout the world, and that they would have decentralized local self-government (Exodus 18). God repudiated Nimrod’s internationalist plan to form a top-down tyrannical world government. At Babel, God created multiple languages and “scattered them abroad from there over the face of the whole earth.”

    Biblical passages that indicate God’s order for nations have secure NATIONAL BORDERS
    Hosea 5:10_The princes of Judah have become like those who move a boundary; On them I will pour out My wrath like water.
    Deuteronomy 32:8_When the Most High gave the nations their inheritance, when He separated the sons of man,He set boundaries of the peoples according to the number of the sons of Israel.
    Numbers 20:14-21_Moses sought permission from the king of Edom to cross his border and pass through his land. When permission was refused, Moses didn’t force his way in; he respected the king’s decision and went around Edom to the East.
    Exodus 23:31_I will fix your boundary from the Red Sea to the sea of the Philistines, and from the wilderness to the River Euphrates; for I will deliver the inhabitants of the land into your hand, and you will drive them out before you.
    Acts 17:26_And he made from one man every nation of mankind to live on all the face of the earth, having determined allotted periods and the boundaries of their dwelling place…”
    Joshua 15_In Joshua 15 the word “boundary” is found no less than 15 times in describing the perimeter of Judah.
    Nehemiah 9:22_You also gave them kingdoms and peoples, And allotted them to them as a boundary.
    Deuteronomy 19:14_You shall not move your neighbor’s boundary mark, which the ancestors have set, in your inheritance which you will inherit in the land that the LORD your God gives you to possess.
    Deuteronomy 27:17_’Cursed is he who moves his neighbor’s boundary mark.’ And all the people shall say, ‘Amen.’
    Exodus 34:24_For I will drive out nations before you and enlarge your borders, and no man shall covet your land when you go up three times a year to appear before the LORD your God.
    Joshua 13:1-33_Note: These verses describe the territories which the Lord set as the boundaries for the 12 tribes of Israel.

    John Noble

    Liked by 1 person

    Comment by John Noble | January 15, 2019 | Reply

    • That is FABULOUS. I confess I didn’t even think of that! Slap my hand and THANK YOU for pointing out something truly important which I had completely OVERLOOKED! What you wrote needs to get out onto social media.

      Like

      Comment by Publius Huldah | January 15, 2019 | Reply

  19. GREAT!

    On Tue, Jan 15, 2019 at 8:51 AM Publius-Huldah’s Blog wrote:

    > Publius Huldah posted: “By Publius Huldah Instead of reading our > Constitution and seeing what it says, Americans get their legal advice from > what “everybody says”. Now, they are hearing about “emergency powers”, and > are in a tail spin. Did Congress’ “Emergency Powers Act” ” >

    Like

    Comment by Griffin . | January 15, 2019 | Reply

  20. Democrats say the Wall is immoral yet they have consistently voted for border security — including a fence — since 2006. Sort of reminiscent of the infamous John Kerry quote, “”I actually did vote for the $87 billion before I voted against it.”

    As I’ve noted on my blog, there are currently 36 walls standing (or under construction) between 72 countries around the world. These walls exist because they work.

    The Great Wall of China — the most prominent example — was erected to control immigration, trade … and to defend China’s borders.

    The Democrat narrative is that Trump’s wall is somewhat akin to the Berlin Wall. Of course, that is a deception and somewhat discordant with their own President Kennedy who said:

    “We don’t have to build a wall to keep our people in.”

    Like

    Comment by SOAR | January 15, 2019 | Reply

    • As you have noted, the Democrats are extremely hypocritical on this issue.

      and yes, the Berlin wall was built to keep from the East from escaping to the West via Berlin. People came from throughout Eastern Europe to East Berlin and then to West Berlin and finally to West Germany and other “free” countries. The purpose of the Berlin Wall was to “plug the hole” and stop people from fleeing communism.

      Like

      Comment by Publius Huldah | January 15, 2019 | Reply

  21. PH, I wonder about the ability of Congress and president to “convert” the militia to the National Guard. I recall looking at a census form used in the 19th century and noting that it had a column labeled “militia” which was checked if the person enumerated was male and of a certain age. Period. This is a different status from being a member of the NG, for which one must volunteer and meet certain basic requirements.

    The militia have a status in the Constitution that seems inconsistent with the restrictive membership of the NG. To restrict membership requires that the word “organizing in Art. I, Sect. 8 includes determining membership. Legislation may govern the NG but that’s not the end of the matter. Congress can organize a militia member into Co. C of the East Akron Ohio Infantry but I wonder if it has the authority to legislate that an otherwise able bodied member of the militia is no longer in the militia if he’s not a member of Co. C or like unit.

    The Framers and Ratifiers understood that the militia was every able bodied man. The NG in effect is an enormous reduction in the size of the militia and I don’t see how it can do that. Those other guys are still out there. It was never envisaged that Congress and the president could chop up the militia.

    On a second question, I think the president also has the power to use whatever appropriations have been made for any purpose or department for what he needs to do to defend the country. In the event that Congress will not appropriate funds to repel invasion (or authorize diversion of previously appropriated funds), the president can still proceed. The criminal provisions of the Anti-Deficiency Act can be dealt with by pardoning officials who violate it to move money around. The president is the best person to decide how the nation is to be defended. And defending against invasion is not “law enforcement.”

    Like

    Comment by Richard Ong | January 15, 2019 | Reply

    • Right, I’ve written several articles on the Militia: it’s function, how we lost it, etc.

      But Edwin Vieira is the world’s foremost authority on the Militia.

      Go here – and watch for Vieira’s short excellent video and the articles I have posted under “Militia”: https://publiushuldah.wordpress.com/category/militia/

      Scroll down the articles and read what appeals to you – but do watch Vieira’s video.

      The federalization of our Militia with the Dick Act of 1903, shows that Americans 100 years ago were also foolish, ignorant, and shortsighted.

      Like

      Comment by Publius Huldah | January 15, 2019 | Reply

  22. Interesting. What about the event(s) where the federal government does NOT provide protection for the states against invasion? Does Article 1, Section 10, Paragraph 4 take effect? How does one define invasion? Have the states been invaded already? Why have the states NOT complained about invasion already? Or have they complained and the feds have remained impotent in their defense of the states?

    Like

    Comment by highlanderjuan | January 15, 2019 | Reply

    • Highlander Juan! It’s been years! I hope you have been well.

      See if this paper answers your questions: The Invasion of Arizona – The Remedy When The Federal Government Refuses To Do Its Duty
      https://publiushuldah.wordpress.com/2010/05/04/the-invasion-of-arizona-the-remedy-when-the-federal-government-refuses-to-do-its-duty/

      Like

      Comment by Publius Huldah | January 15, 2019 | Reply

      • Thanks for the post in response to my questions. I knew you had some good answers for my simple questions. 😉

        Regarding me, yes, I’ve been well, enjoying retirement until mid-last year when I decided to come out of retirement and re-awaken my web site (https://Highlander.com). That re-awakening has been an up and down effort, mostly because of my own lack of knowledge of how to get modern WordPress to work for me. Having said that, on Monday of last week, the site was opened to the public. As an educational website, Highlander’s mission is to help historians and family researchers in their own research efforts by storing older documents for their use. So, while the site is still young, and doesn’t yet have much online material, it is also alive and well. That’s the good part.

        I’d be happy to repost any of your articles in the legal document section if you are interested. Let me know.

        Like

        Comment by highlanderjuan | January 15, 2019 | Reply

        • Well, I glanced at several pages on your website and I am seriously impressed! It’s fascinating, and beautiful.

          I regret that I never have time to do what I want to do but am always under the gun on this Constitution work.

          I will be honored to have any of my papers you wish re-posted on your site.

          Like

          Comment by Publius Huldah | January 15, 2019 | Reply

  23. Publius – you never fail to impress, well done! It will be “On the Air” this Thursday, thx, doc.

    Like

    Comment by Doc Owen Show | January 15, 2019 | Reply

    • Thank you, Doc!!!
      Hugs to you and Ana.

      Like

      Comment by Publius Huldah | January 15, 2019 | Reply

  24. I’ve always considered yours to be the final word on all constitutional issues. My postings on comment sections always contain some information, with an occasional Article and/or Federalist Papers cite, that supports President Trump’s and Congress’ constitutional duty to protect our national security and the means of doing so. But my knowledge of the Constitution, which continues to grow, doesn’t come anywhere near to yours and I thank you so much for this article that gives me the ammunition with which I will continue to educate people on this extremely important issue, albeit on comment sections and Twitter only – lol.

    Like

    Comment by marlene | January 15, 2019 | Reply

    • My dear Marlene,
      Thank you!
      I am at your service whenever you have a question about our Constitution!
      They say that social media is extremely important to getting the Truth out. I just don’t know how to use it effectively.

      Like

      Comment by Publius Huldah | January 15, 2019 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: