By John Harris
On February 23, 2024, the Tennessee Firearms Association and the Tennessee Firearms Foundation (a 501(c)(3)) joined U.S. Constitutional Rights Legal Defense Fund, Citizens United, Citizens United Foundation, The Presidential Coalition, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, and the Conservative Legal Defense and Education Fund to submit an amicus brief in the Fifth Circuit Court of Appeals in which one of the core issues is whether states, as sovereign entities, have the power to protect its borders and resist invasions. Joe Biden’s administration has done everything possible with the power and might of the federal government to prohibit Texas from defending itself, its citizens and its economy.
In 2021, Texas Governor Greg Abbott took action in response to the unending invasion of illegal immigrants who were crossing Texas’s border with Mexico by launching multiple defensive strategies termed “Operation Lone Star.” Governor Abbott invoked the Invasion Clause of the U.S. Constitution, which states in pertinent part: “No State shall, without the Consent of Congress … engage in War,
unless actually invaded, or in such imminent Danger as will not admit of delay.” See, U. S. Constitution, Art. I, Sec. 10, cl.3.
Governor Abbott implemented plans to install floating barriers at certain crossings in the Rio Grande river to discourage illegal border crossings, the first of which was at Eagle Pass. In response to every attempt to stem the invasion, the Biden Administration has sought to prevent Texas from taking action. On July 24, 2023, the Biden Administration sued Governor Abbott and the State of Texas, seeking a preliminary injunction to remove the existing floating barrier and prevent others from being installed. The federal district court, on September 6, 2023, ordered that the floating barrier be moved to the Texas shore on the theory that the barrier interfered with the federal government’s regulation of navigable waters under the Rivers and Harbors Appropriation Act of 1899. See United States v. Abbott, 2023 U.S. Dist. LEXIS 157172 (W.D. Tex. 2023).
Texas appealed to the Fifth Circuit Court of Appeals in which a three judge panel upheld the preliminary injunction on December 1, 2023. See United States v. Abbott, 87 F.4d 616 (5th Cir. 2023). The panel majority, in a 2-1 vote, concluded that the Rio Grande river was a navigable river under the exclusive control of the national government. The panel decision was the vacated by the entire “en banc” Fifth Circuit Court of Appeals which is now preparing for additional briefing and arguments as it reconsiders the issue – likely before it advances to the United States Supreme Court.
This case, one of state’s rights and the balance of authority between the state and federal governments, is important for a number of reasons that directly impact Tennessee’s gun owners and 2nd Amendment supporters. First, it addresses the issue of the growing and dangerous abuses federalism over the last century or more where increasingly the servant federal government claims to be the master of the states rather than its agent.
Second, the issue of the criminal invasion by illegal immigrants is not a “border state” issue – it is an issue for every sovereign state that has a border. It is an issue of whether Tennessee has the right to protect its borders, its citizens and its economy from not only illegal, criminal immigrants but also those in control of various offices at the federal government who refuse to protect the borders and who do so in open violation of the law.
Third, illegal immigration and state’s rights impact individuals in Tennessee who believe in the Second Amendment, the right to keep and bear arms and the right of each individual to be secure in his or her home.
Fourth, after helping Texas at the Alamo, should the volunteer state stop now?
The opportunity to join with other conservative organizations including Gun Owners of America in fights such as these which touch on areas of interest to Tennessee’s gun owning and constitution embracing citizens are important to change the course of this nation. If you appreciate and support these efforts, we would appreciate your support of the TFA the Tennessee Firearms Foundation or both to be able to continue to fight to protect and restore our rights.
Joining and supporting TFA is an investment in the fight to restore our constitutional rights and to fight against politicians who are willing to sell their votes and your rights to whichever business interest gives them the most money!