It seems that Texas is attempting to make it a state crime to invade Texas. See Oh, Really? Mexico ’Categorically Rejects’ New Immigration Laws in Texas, by Karen Townsend, HotAir.com, November 17, 2023.
This is bound to get tied up in court once again. Arizona’s SB 1070 Support Our Law Enforcement and Safe Neighborhoods Act was essentially emasculated by the most powerful branch of government, the judiciary.
As we saw before with California’s Proposition 187, the courts can destroy the will of the people at a whim. In an earlier example of lawfare, Prop 187 was held up in court till a Democratic governor came in who had no intention of cracking down on illegal aliens and effectively destroyed it.
The Founding Fathers may have intended the Supreme Court to be the least powerful branch of government, but, over time, it has become the most powerful branch of government.
The Founding Fathers considered the US Supreme Court to be the weakest of the three branches of government since, as Alexander Hamilton noted, it held “neither sword nor purse strings.”
The US Supreme Court: Still the Least Dangerous Branch?, by Professor Timothy Johnson, September 11, 2019
It is interesting how gradually the courts gained more power, and the bureaucracy gained more power. David Talbot of Salon magazine told a story where a congressman was challenging a CIA official. The CIA official laughed at the congressman and told the congressman that at most he would serve three or four terms in Congress while the CIA case officer would spend decades in Washington. Essentially, the CIA officer would outlast him.
It is my personal belief (I’m no legal scholar) that the Civil Rights Acts helped to give the Supreme Court in particular, as well as the whole of the judiciary, a whole lot more power than they previously enjoyed. The courts have loved that power and since judges often serve lifetime appointments, they feel free to abuse that power with little or no pushback from the legislature or the executive.
I hope Texas can make it a state crime to invade Texas, and (more important) that Texas is actually able to enforce it. The Left will be using children to try to get that border opened back up.