Former acting U.S. Customs and Border Control Commissioner Mark Morgan told Newsmax Saturday that the ongoing border dispute between President Joe Biden's administration and Texas' Republican governor, Greg Abbott, could lead to a constitutional crisis that the U.S. Supreme Court may have to decide.
"We have a federal government that's totally abdicated its constitutional responsibility to protect all states from threats outside its borders. And then when a governor — here, in this case, Gov. Abbott — takes matters into his own hands to try to protect the citizens of his own state, the federal government is jumping in to sue them to stop it," Morgan said during "America Right Now" Saturday. "We're literally living in an alternative universe. The governor's right. I think this is going to go to the Supreme Court."
Morgan said the U.S. Constitution is very clear in Article 4, Section 4, saying that the federal government has a responsibility to protect the states from threats coming from outside of its borders. And if it fails that task, the states can step in and fix the issue under Article 1, Section 10.
"It's called the 'self-help remedy,' and the states can then do what they need to do to protect their own citizens," he said. "That's what this governor is doing. I think it's going to go to the Supreme Court, and I think he's on strong constitutional grounds here."
The high court, however, ruled against Abbott and the state of Louisiana in June when it said neither Texas nor Louisiana had the legal standing to bring a case challenging how the administration was prioritizing deportations, the Texas Tribune reported.
"In sum, the States have brought an extraordinarily unusual lawsuit," Justice Brett M. Kavanaugh wrote for the 8-1 majority, with Justice Samuel Alito dissenting. "They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this."
Morgan said that the court will eventually have to weigh in on the issue and recognize the role of the federal government in securing the border.
"The governor, just like the president of the United States, has a duty and an obligation, not only in the Constitution with respect to the state of Texas, but also the United States Constitution to protect its citizens from threats outside its border," he said. "That reigns supreme. When the federal government fails its responsibility, the governor then has the responsibility to protect his own citizens. That's what the governor's doing."
About NEWSMAX TV:
NEWSMAX is the fastest-growing cable news channel in America!
© 2024 Newsmax. All rights reserved.