by Martin Armstrong, Armstrong Economics:
We have a MAJOR Constitutional Crisis between the actions of Biden himself and the recent Supreme Court ruling against Texas relying on the Supremacy Clause, which defies the entire intent of the purpose and promises of joining the union. It is astonishing that Justices Roberts and Barrett sided with the left wing and have allowed Biden’s federal officers to continue removing the border fencing erected by the state of Texas while the case is pending.
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I am sorry; the Supreme Court is seriously wrong in this decision. The Supremacy Clause may say that Federal decrees overrule state law, but here we are talking about an executive order that is not democratically enacted or even presented to Congress. If the President decrees that you must kill all your firstborn, which Congress never enacted, does that force everyone to do so because of the Supremacy Clause? It is fundamental in the interpretation of law or the Constitution that you cannot interpret one clause of the Constitution in such a way that it violates another.
Article IV
Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article I Legislative Branch
Section 10 Powers Denied States
Clause 3 Acts Requiring Consent of Congress
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
The Texas response to the Supreme Court’s order has sparked a heated debate, but honest, serious legal questions have emerged that go to the very heart of the United States’ structure and why Biden has so divided the country. It truly can no longer stand united. In defiance of the Supreme Court’s order, which was SERIOUSLY FLAWED, a decision to install even more razor wire in Eagle Pass has raised several questions about the state’s authority and its conflict with federal laws.
The defiance of the Supreme Court’s order has also raised concerns about the respect for the rule of law, as some expressed fears that this could lead to a conflict between the state and federal authorities. Under this interpretation, Biden should send troops and invade Texas as if this were the Civil War. After all, that’s what Abraham Lincoln did. Some of this is that Texas could take its case to the international court. That is absurd, for the US has refused to join the International Criminal Court, so they have no jurisdiction.
Biden Has No Authority to Refuse to Execute the Immigration Law as it stands now contrary to his Oath of Office.
Biden took an oath of office which states:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
An executive order is a directive from the President with much of the same power as a federal law. Several landmark moments in American history came about directly from the use of executive orders issued from the White House’s desk, including one Supreme Court decision that limited a presidential executive order issued by Harry Truman in Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952). This is a critical case because it directly deals with an Executive Order.
Truman believed to avert a nationwide strike of steel workers in April 1952, claiming it would jeopardize national defense, he issued an Executive Order directing the Secretary of Commerce to seize and operate most of the steel mills in the country. There was no statutory authority granting such authority. Still, Truman asserted that it was covered by the claim that his power was based on all powers vested in the President by the Constitution and laws of the United States and as Commander in Chief of the Armed Forces.
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