Last month, Matt Krause, Chair of the House General Investigating Committee, sent a letter to Attorney General Ken Paxton, asking for his opinion on whether Texas is facing an “invasion” at the border under Article IV, Section 4, of the U.S. Constitution.
The letter follows a legal opinion issued on February 7 by Arizona’s Attorney General, Mark Brnovich. In it, he determines whether the lawlessness and violence at the Arizona border constitute “actually invaded” and “invasion” under the U.S. Constitution.
Brnovich concludes that due to the “unprecedented” policies of President Joe Biden, the state is experiencing an “invasion” in the form of people and drugs across the U.S.-Mexico divide. Giving Arizona the right to activate “war powers” of the U.S. Constitution and respond with military force.
In his letter, Krause says he found Arizona’s analysis and conclusions compelling. Urging Paxton to quickly issue a response for the safety and protection of Texas residents.
“I am writing to ask for your legal opinion of whether or not the federal government has failed—intentionally or unintentionally—to uphold its obligations to protect our state from invasion under Article IV, Section 4 of the U.S. Constitution and whether Texas has the sovereign power to defend itself from such invasion,” the letter reads.
Known as the guarantee clause, Article IV, Section 4 of the Constitution states, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them from Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.”
Paxton has not issued a response.
