A pair of congressional Democrats are demanding Joe Biden take full control of the Texas National Guard in response to Gov. Greg Abbott’s (R) order for them to secure the border.
Reps. Joaquin Castro (D-Texas) and Greg Casar (D-Texas) called on Biden to seize “sole” control of the Texas National Guard in the wake of Abbott defying the Supreme Court’s order to allow the Border Patrol to cut the razor wire barriers in Eagle Pass.
“Governor Greg Abbott is using the Texas National Guard to obstruct and create chaos at the border. If Abbott is defying yesterday’s Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard now,” Castro wrote Tuesday on X.
Governor Greg Abbott is using the Texas National Guard to obstruct and create chaos at the border.
If Abbott is defying yesterday's Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard now. https://t.co/f1SKuCwEWG
— Joaquin Castro (@JoaquinCastrotx) January 23, 2024
Rep. Casar echoed Castro’s remarks on Wednesday.
“I agree with @JoaquinCastrotx: if Abbott is defying yesterday’s Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard,” he wrote on X.
I agree with @JoaquinCastrotx : if Abbott is defying yesterday's Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard. (3/6)
— Congressman Greg Casar (@RepCasar) January 24, 2024
Failed far-left Texas gubernatorial and senatorial candidate Beto O’Rourke also called for Biden to take control of the Texas National Guard.
Abbott is using the Texas Guard to defy a Supreme Court ruling.
When Gov. Faubus did this in 1957, Eisenhower federalized the Arkansas Guard to ensure compliance with the law.
Biden must follow this example of bold, decisive leadership to end this crisis before it gets worse.
— Beto O'Rourke (@BetoORourke) January 24, 2024
The Supreme Court ruled in a 5-4 decision to allow Biden’s Border Patrol to cut the razor wire barriers erected at Shelby Park in Eagle Pass pending further review of a lawsuit.
Abbott in response vowed to continue defending Texas’ sovereignty and ordered the National Guard to proceed erecting razor wire barriers along the border.
“This is not over,” Abbott declared. “Texas’ razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas’ constitutional authority to secure the border and prevent the Biden Admin from destroying our property.”
This is not over.
Texas' razor wire is an effective deterrent to the illegal crossings Biden encourages.
I will continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property.https://t.co/pV7Cuq57d1
— Greg Abbott (@GregAbbott_TX) January 22, 2024
The Texas National Guard was seen erecting razor wire barriers following the Supreme Court’s order.
Today, Texas National Guard is busy putting up more razor wire and barriers at Shelby Park in Eagle Pass Texas. pic.twitter.com/9zzgn8BYOk
— Charlotte Cuthbertson (@charlottecuthbo) January 23, 2024
Abbott reiterated his authority in a Wednesday statement invoking the Founding Fathers, saying that Biden’s refusal to follow established immigration law has forced Texas to defend its border from invasion.
“The federal government has broken the compact between the United States and the States,” Gov. Abbott wrote in a letter issued Wednesday addressing the standoff between state and federal authorities in Eagle Pass.
My statement on Texas’ constitutional right to self-defense. pic.twitter.com/seNFZdmujP
— Greg Abbott (@GregAbbott_TX) January 24, 2024
“The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now,” Abbott wrote. “President Biden has refused to enforce those laws and has even violated them. The result is that he has smashed records for illegal immigration.”
The president generally does not have the authority to assert control over the National Guard.
According to Article II, Section 2 of the Constitution, though the President is Commander-in-Chief of the armed forces, that only includes the National Guard if it becomes federalized.
But the federalization of the National Guard can only occur with the governor’s permission.
But some legal analysts are claiming Biden could federalize the National Guard by invoking the Insurrection Act, a power that has been rarely used in history.
“There are a variety of statutes that allow the president to federalize the National Guard in different circumstances. But the only one that would clearly apply in this case is the Insurrection Act,” Joseph Nunn, counsel at the Brennan Center’s Liberty and National Security Program, told Newsweek.
Nunn said the Insurrection Act is a “nuclear bomb hidden in the United States Code” and explained that using it would be politically costly.
“The Insurrection Act gives the president sole discretion to decide whether the criteria for invoking it are met,” he explained. “There are quite literally no safeguards to stop it from being abused.”
A constitutional crisis is in the making as the border feud between the State of Texas and the Biden regime shows no signs of letting up in tandem with growing calls for Texas to secede from the U.S.