I recently participated in a debate over border-related law and policy issues with former Arizona Attorney General Mark Brnovich. We particularly focused on the question of whether illegal migration and drug smuggling qualify s an “invasion” under the Constitution, thereby triggering states’ power to “engage in war” in response; Texas has argued the answer is “yes” in two cases currently before the courts. The debate was part of the Daniel Webster debate series, sponsored by the Georgetown University Law Center Federalist Society. Unfortunately, I am unable to embed the video in this post, because the producer has blocked that option. But it is available on Youtube here.
I have written more extensively, about why illegal migration and drug smuggling are not “invasion” in this article, and in an amicus brief in one of the cases before the US Court of Appeals for the Fifth Circuit.
