With the removal of Kevin McCarthy as Speaker of the House, and Acting Speaker Patrick McHenry having declared a one-week recess, Representatives traveled home for what the House euphemistically calls “district work periods.” The good news is that work on the Biden “impeachment inquiry” will continue.
The first House subpoenas were reported to have been issued for the personal and bank records of Presidential son Hunter Biden and Presidential brother James Biden. The House Oversight Committee believes that the Biden family and its business associates raked in over $24 million between 2014 and 2019 by selling access to Joe Biden around the world. While we wait for documents proving which “high Crimes and Misdemeanors” Biden may have committed as Vice President and President, we take time to focus on what President Biden failed to do that could lead to his impeachment.
Article II, Section 3 of the U.S. Constitution provides that the President “shall take Care that the Laws be faithfully executed….” That phrase covers a multitude of duties, and every President has different priorities, and therefore could be accused of neglecting enforcement of some matters. However, President Biden’s failure to defend the nation’s borders was not because he was busy solving other problems, like inflation, considering that the price of baby food has soared 25 percent since he took office. Rather, not only has President Biden refused to enforce immigration laws, there is every reason to believe he did so to achieve a partisan political objective. He, just like President Obama before him, has encouraged illegal immigration in the hopes of growing our dependent class of immigrants who they assume will have natural affinity for the Democrat party and its big-spending policies.
With the national government’s refusal to enforce the borders, one would think that the states would step in and enforce their portions of the border. However, the political will to defend the border certainly does not exist under Democrat Governors Gavin Newsom in California, Katie Hobbs in Arizona, and Michelle Luhan Grisham in New Mexico. Although Texas Republican Governor Greg Abbott gives the appearance of being strong on border issues, his efforts have failed, as well.
Part of the problem lies with the U.S. Supreme Court. In 2012, Arizona attempted to bring order to its own border, but the U.S. Supreme Court declared that only the federal government could protect the nation’s border. That absurd decision is at odds with both the Constitution (which only gives the national government exclusive control over “Naturalization” of new citizens), the historic Law of Nations (which gives every sovereign state power over its borders), and American history. Justice Scalia thoughtfully dissented from the Supreme Court’s decision refusing to allow Arizona to secure its own border, explaining that for most of the nation’s history it was states — not the federal government — that protected our borders. Arizona v. United States, 567 U.S. 387 (2012). (Additional explanation of this issue can be found in an amicus brief filed by a group of conservative organizations in that case.)
Predictably, the Biden Administration embraces the Arizona v. United States Supreme Court decision, and opposes every state effort to control the border. So, if President Biden believes only the federal government has the power to stop illegal immigration, and he still refuses to stop it, he is even more culpable under the Constitution’s “take care” clause.
The Constitution contains another provision known as the Guarantee Clause, Article IV, Section 4, which states that the United States “shall protect each of [every State] against Invasion.” Instead, the President has thrown open the door and invited illegal aliens from every nation of the world to enter illegally, promising they would be housed and fed for while here, and not deported.
Biden could claim that massive immigration was not an invasion, but former law professor Rob Natelson explains that, according to dictionaries at the time of the Founding, the millions of illegals crossing our southern border meets the definition of an “invasion.”
Here is the entry for invasion in Francis Allen’s 1765 dictionary: “the entrance or attack of an enemy on the possessions or dominions of another; an encroachment, or unlawful attack of the rights of another.” The latter two definitions clearly describe what is happening at the border today. [R. Natelson, “Immigration: How the Biden Administration is Violating the Constitution,” Epoch Times (Oct. 19, 2021).]
The House Committee on Homeland Security released a report on immigration in August 2023 which demonstrated that “over 300,000 border encounters nationwide — a new all-time recorder under President Biden and Secretary Mayorkas’ watch.” The immigration invasion is so massive that just yesterday (October 4, 2023), Homeland Security Secretary Alejandro Mayorkas reversed course, and said the United States has an “acute and immediate need” to build a border wall in southern Texas. This is the same Secretary Mayorkas who testified in Congress that there was no crisis at the southern border. In addition to tasking our “word salad” Vice President Harris with “stemming the migration” on the southern border, Biden assigned Mayorkas to protect our border. Nevertheless, as President Truman declared, “the buck stops here.”
Impeachment for border neglect has been the subject of several resolutions already filed. Rep. Marjorie Taylor-Greene (R-GA) filed H. Res. 597 based on Biden’s refusal to execute longstanding federal immigration law. Rep. Bob Gibbs (R-OH) introduced H. Res. 671. Rep. Andrew Ogles (R-TN) also introduced H. Res. 493. Rep. Lauren Boebert (R-CO) introduced H. Res. 503. Perhaps the impeachment resolution that best explains the constitutional grounds for impeachment for border inaction was offered by Rep. Bill Posey (R-FL). H. Res. 1031 charges that:
in violation of the constitutional duties of the office of President of the United States as set forth in article IV, section 4 of the U.S. Constitution has failed to ensure that the United States protect each of the States against invasion, in that: President Biden has permitted and even encouraged the unlawful entry of thousands of migrants into the United States across the U.S.-Mexico Border…. President Biden, by failing to prevent the entry of known terrorists and persons known to belong to foreign political terrorist entities intending great harm to the U.S. across the U.S.-Mexico border, has failed to protect states from foreign invasion.
Biden’s unconscionable refusal to defend border states from invasion has gone beyond just the border states at this point. “Drugs are flowing across the open Southern Border and addicting, even killing, Americans at alarming rates. Nothing that happens at the border stays at the border. Every state is a border state,” said Rep. Bob Good (R-VA). Even far-left New York Gov. Kathy Hochul, alarmed at the surge of illegals to her state, recently demanded, “If you’re going to leave your country, go somewhere else.”
Biden has betrayed his oath and failed in his constitutional duty to protect the nation, costing countless American lives. He has not only allowed, but welcomed, the invasion. There is an abundance of evidence that would support his impeachment based on his unconscionable refusal to defend our nation’s borders.
Editor’s Note: To read the articles in this series, please click here.