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Isn't it?
Posted on: February 20, 2024 at 14:27:21 CT
Spanky KU
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The Guarantee Covers All Invasions
“Without some indication to the contrary, general words (like all words, general or not) [that are contained in any legal instrument] are to be accorded their full and fair scope. They are not to be arbitrarily limited.” (Scalia & Garner, at 101.) The full and fair scope of the general word “invasion” in Section 4 of Article IV includes any unwanted unlawful entry that harms or threatens to harm the interests of the state or states invaded and the citizens therein. Section 4 contains no indication to the contrary, i.e., it contains no limitation on the general word “invasion.”
Additionally, if any legal instrument is to be understood correctly and applied appropriately, “[w]ords must be given the meaning they had when the text was adopted.” (Id., at 78.) As noted above, in the Articles of Confederation, the states sought to provide “for their common defense … against all force offered to, or attacks made upon them, or any of them, on account of … any … pretense whatever.” (Article III.) They sought to provide for a common defense not only against the force offered by the army and navy of Great Britain but against any external forces that might threaten them to any degree, including but not limited to “some nation of Indians” or “pirates.” (Article VI, paragraph 5.)
The Framers of the Constitution were keenly aware that the country would continue to face a variety of external threats from every direction, threats posed by lawless bands as well as threats posed by the forces of a foreign government. “The territories of Britain, Spain, and of the Indian nations in our neighborhood … encircle the union….” (Federalist No. 25.) Given the encircling nature of the various threats, the Framers concluded that it was appropriate to entrust the common defense against invasion to the federal government. “The [encircling] danger, though in different degrees, is therefore common. And the means of guarding against it, ought, in like manner, to be the objects of common councils, and of a common treasury.” (Id.) And they argued “that [the federal] government ought to be clothed with all the powers requisite to the complete execution of its trust.” (Federalist No. 23.)
For all these reasons, one may conclude with confidence that the original meaning of the word “invasion” contained in Article IV, Section 4 of the Constitution encompasses threats to the safety, security or well-being of the states and their citizens posed by any external group, not just those threats posed by the organized forces of a foreign government. Such threats include drug traffickers, gang members, other violent criminals, and suspected terrorists hidden among the throng of illegal immigrants that cross our undefended southern border, as well as the illegal immigrants themselves.
https://americarenewing.com/issues/the-federal-governments-guarantee-to-protect-the-states-against-invasion/
“Without some indication to the contrary, general words (like all words, general or not) [that are contained in any legal instrument] are to be accorded their full and fair scope. They are not to be arbitrarily limited.” (Scalia & Garner, at 101.) The full and fair scope of the general word “invasion” in Section 4 of Article IV includes any unwanted unlawful entry that harms or threatens to harm the interests of the state or states invaded and the citizens therein. Section 4 contains no indication to the contrary, i.e., it contains no limitation on the general word “invasion.”
Additionally, if any legal instrument is to be understood correctly and applied appropriately, “[w]ords must be given the meaning they had when the text was adopted.” (Id., at 78.) As noted above, in the Articles of Confederation, the states sought to provide “for their common defense … against all force offered to, or attacks made upon them, or any of them, on account of … any … pretense whatever.” (Article III.) They sought to provide for a common defense not only against the force offered by the army and navy of Great Britain but against any external forces that might threaten them to any degree, including but not limited to “some nation of Indians” or “pirates.” (Article VI, paragraph 5.)
The Framers of the Constitution were keenly aware that the country would continue to face a variety of external threats from every direction, threats posed by lawless bands as well as threats posed by the forces of a foreign government. “The territories of Britain, Spain, and of the Indian nations in our neighborhood … encircle the union….” (Federalist No. 25.) Given the encircling nature of the various threats, the Framers concluded that it was appropriate to entrust the common defense against invasion to the federal government. “The [encircling] danger, though in different degrees, is therefore common. And the means of guarding against it, ought, in like manner, to be the objects of common councils, and of a common treasury.” (Id.) And they argued “that [the federal] government ought to be clothed with all the powers requisite to the complete execution of its trust.” (Federalist No. 23.)
For all these reasons, one may conclude with confidence that the original meaning of the word “invasion” contained in Article IV, Section 4 of the Constitution encompasses threats to the safety, security or well-being of the states and their citizens posed by any external group, not just those threats posed by the organized forces of a foreign government. Such threats include drug traffickers, gang members, other violent criminals, and suspected terrorists hidden among the throng of illegal immigrants that cross our undefended southern border, as well as the illegal immigrants themselves.
https://americarenewing.com/issues/the-federal-governments-guarantee-to-protect-the-states-against-invasion/
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Isn't it? - Spanky KU - 2/20 14:27:21