February 25, 2024
Tennessee Firearms Association and Tennessee Firearms Foundation join others in a federal amicus brief concerning the right of a state to defend itself.
On February 23, 2024, the Tennessee Firearms Association and the Tennessee Firearms Foundation
(a 501(c)(3)) joined U.S. Constitutional Rights Legal Defense Fund,
Citizens United, Citizens United Foundation, The Presidential Coalition,
Gun Owners of America, Gun Owners Foundation, Gun Owners of California,
and the Conservative Legal Defense and Education Fund to submit an
amicus brief in the Fifth Circuit Court of Appeals in which one of the
core issues is whether states, as sovereign entities, have the power to
protect its borders and resist invasions. Joe Biden’s administration
has done everything possible with the power and might of the federal
government to prohibit Texas from defending itself, its citizens and its
economy.
In 2021, Texas Governor Greg Abbott took action in response to the
unending invasion of illegal immigrants who were crossing Texas’s border
with Mexico by launching multiple defensive strategies termed
“Operation Lone Star.” Governor Abbott invoked the Invasion Clause of
the U.S. Constitution, which states in pertinent part: “No State shall,
without the Consent of Congress … engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” See, U. S. Constitution, Art. I, Sec. 10, cl.3.
Governor Abbott implemented plans to install floating barriers at
certain crossings in the Rio Grande river to discourage illegal border
crossings, the first of which was at Eagle Pass. In response to every
attempt to stem the invasion, the Biden Administration has sought to
prevent Texas from taking action. On July 24, 2023, the Biden
Administration sued Governor Abbott and the State of Texas, seeking a
preliminary injunction to remove the existing floating barrier and
prevent others from being installed. The federal district court, on
September 6, 2023, ordered that the floating barrier be moved to the
Texas shore on the theory that the barrier interfered with the federal
government’s regulation of navigable waters under the Rivers and Harbors
Appropriation Act of 1899. See United States v. Abbott, 2023 U.S. Dist.
LEXIS 157172 (W.D. Tex. 2023).
Texas appealed to the Fifth Circuit Court of Appeals in which a three
judge panel upheld the preliminary injunction on December 1, 2023. See
United States v. Abbott, 87 F.4d 616 (5th Cir. 2023). The panel
majority, in a 2-1 vote, concluded that the Rio Grande river was a
navigable river under the exclusive control of the national government.
The panel decision was the vacated by the entire “en banc” Fifth
Circuit Court of Appeals which is now preparing for additional briefing
and arguments as it reconsiders the issue – likely before it advances to
the United States Supreme Court.
This case, one of state’s rights and the balance of authority between
the state and federal governments, is important for a number of reasons
that directly impact Tennessee’s gun owners and 2nd Amendment
supporters. First, it addresses the issue of the growing and dangerous
abuses federalism over the last century or more where increasingly the
servant federal government claims to be the master of the states rather
than its agent.
Second, the issue of the criminal invasion by
illegal immigrants is not a “border state” issue – it is an issue for
every sovereign state that has a border. It is an issue of whether
Tennessee has the right to protect its borders, its citizens and its
economy from not only illegal, criminal immigrants but also those in
control of various offices at the federal government who refuse to
protect the borders and who do so in open violation of the law.
Third,
illegal immigration and state’s rights impact individuals in Tennessee
who believe in the Second Amendment, the right to keep and bear arms and
the right of each individual to be secure in his or her home.
Fourth, after helping Texas at the Alamo, should the volunteer state stop now?
The
opportunity to join with other conservative organizations including Gun
Owners of America in fights such as these which touch on areas of
interest to Tennessee’s gun owning and constitution embracing citizens
are important to change the course of this nation. If you appreciate
and support these efforts, we would appreciate your support of the TFA
the Tennessee Firearms Foundation or both to be able to continue to
fight to protect and restore our rights.
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