State Sovereign Power to Repel Invasion

Summary#

This House resolution says Article I, Section 10 of the Constitution reserves to States the sovereign power to repel an invasion. It declares that from 2021 through 2024, southern border States were invaded or in imminent danger from "paramilitary, narco-terrorist cartels, terrorists, and criminal actors." The resolution finds the United States failed to protect those States under Article IV, Section 4 and that the Biden administration did not faithfully execute the laws. It declares that the affected States have the unilateral authority under Article I, Section 10 to defend themselves. The resolution was introduced January 16, 2025, and was referred to the House Committee on the Judiciary.

What it means for you#

No publicly available information.

Expenses#

The resolution states that border States spent billions annually on healthcare, housing, education, and other services from 2021 through 2024. No official cost estimates or funding actions are included in the resolution.

Proponents' View#

The resolution's text and findings say: apprehensions at the southern border reached record levels from 2021–2024; people apprehended came from over 160 nations, including individuals on terror watch lists; criminal offenses and certain arrests by illegal immigrants increased; large quantities of fentanyl and other drugs were seized; cartels act as paramilitary, narco-terrorist organizations and profit from trafficking; federal actions removed measures like the Migrant Protection Protocols and slowed wall construction; and border States and local law enforcement were overwhelmed and spent billions addressing these problems.

Opponents' View#

No publicly available information.