Washington, D.C. – Today, House Budget Chairman Jodey Arrington (TX-19) announced that every Texas Republican in the U.S. House of Representatives has endorsed H.Res.50, his resolution affirming states’ constitutional authority to defend themselves when the federal government fails to secure the border.
With full support from Texas Republicans in the U.S. House of Representatives, momentum continues to build for congressional action to clarify states’ sovereign authority under the Constitution and ensure that states are never again left defenseless in the face of a federal failure to provide for the common defense.
This effort comes in response to the unprecedented border crisis under the Biden administration and is aimed at ensuring states are never again left defenseless under a future Democrat administration.
“Texas Republicans are united in sending a clear message: Congress must act to ensure that states like Texas are never again forced to be passive victims of a failed federal government.
“Under Biden’s open-border chaos, millions of illegals invaded our southern border, flooding communities with drugs, crime, and criminals.
“Fortunately, border crossings are now at historic lows under President Trump’s leadership - but we cannot rely on who occupies the White House to determine whether our border is secure.
“The Constitution is clear: Article IV, Section 4 says the federal government ‘shall protect each [state] against invasion,’ but when the federal government fails to fulfill this constitutional duty, Article I, Section 10 expressly guarantees states the sovereign power to repel an invasion and defend their citizenry from ‘imminent danger.’
“Texans have seen the consequences of federal failure, and we cannot afford another border crisis. With the full support of the Texas delegation, I’m calling on Congress to act now to pass this resolution and ensure that no future Democrat administration can take us back to open-border lawlessness.” – Chairman Arrington.
H.Res.50 affirms states retain the sovereign authority under Article I, Section 10 of the Constitution to defend their territory and citizens from invasion or imminent danger, particularly when the federal government fails to meet its constitutional obligation under Article IV, Section 4 to protect states from invasion.
Background:
- In June 2021, Chairman Arrington introduced H.Res.50 to reaffirm states’ constitutional right to secure their borders and protect their citizens when the federal government fails to act.
- The resolution is grounded in the Constitution’s Guarantee Clause (Article IV, Section 4) and Article I, Section 10, which preserves states’ sovereign authority to act in self-defense when facing invasion or imminent danger.
- Under the Biden administration’s failed border policy, record levels of illegal border crossings, cartel activity, and drug and human trafficking placed unprecedented strain on border states and communities.
- During that time, Texas and other states were forced to take action to protect their citizens, while the federal government failed to fulfill its constitutional duty to provide for the common defense.
- H.Res.50 does not expand state authority – it affirms the constitutional balance of federalism, ensuring states are not left defenseless when Washington fails to act.
- The resolution has garnered growing support from a broad coalition of policy organizations, legal scholars, law enforcement officials, and conservative leaders across Texas and the country.
Texas Public Policy Foundation Letter
Recently, a letter led by the Texas Public Policy Foundation and dozens of national and state leaders, policy organizations, and law enforcement urged Congress to pass Arrington’s H.Res.50.
“Our constitutional system does not render the states defenseless. To the contrary, states retain the unequivocal right to defend themselves against invasion and imminent threats,” the letter reads, in part. “We respectfully encourage your support of H.Res.50. Doing so reaffirms the constitutional structure the Framers designed—one that preserves both national security and the sovereign capacity of states to defend themselves when necessary.”
Additional Support:
“The Constitution, as interpreted by the Supreme Court, forbids states from interfering with the federal government’s monopoly over our territorial sovereignty. But the House of Representatives could make its own findings of fact that failures at the border rose to the level of an ‘imminent danger’ that would justify a state’s exercise of self-defense. Such a set of findings might bolster Texas’s case in the courts as well as its political case to the public. Rep. Jodey Arrington, R.-Texas, has introduced H.Res.50, for example, to do exactly that. Without such congressional support, Texas is likely to fail.” – John Yoo, constitutional scholar and former deputy assistant attorney general for the Office of Legal Counsel.
“I’m proud to join Rep. Arrington and fellow Texas leaders in supporting H.Res. 50, which reaffirms the constitutional authority of states to defend their borders when facing invasion or imminent danger. States don’t have to be passive victims when the federal government implements polices that threaten public safety, such as open border polices. H.Res. 50 clarifies that states have clear authority to protect their citizens in the face of immigration concerns.” - State Representative Katrina Pierson.
“Thank you Rep. Arrington for your leadership on this important issue & authoring H.Res.50, which reaffirms states’ constitutional authority to defend their borders against invasion.” – Pro-Family Legislative Network.
“NumbersUSA is proud to support Rep. Arrington’s H.Res.50, reaffirming states’ authority to defend their borders when the federal government refuses to do so. States like TX shouldn’t be defenseless if future administrations reinstate open-border policies” – NumbersUSA
"We at Texas Public Policy Foundation are grateful to Rep. Arrington for his leadership on this effort. Texas knows the importance of affirming states’ power to defend themselves – and we must keep building on that momentum to fully secure our state and our nation.” – Selene Rodriguez, Border Security Director at Texas Public Policy Foundation.
“Texans are affirming states’ authority to act in self-defense, ensuring they are able to withstand federal policy shifts. We were proud to work with Rep. Arrington to help advance this effort & ensure states are not left without options when federal enforcement falls short.” – States Trust.
“We were proud to join 25 Texas lawmakers and over two dozen other organizations to publicly support Rep. Arrington’s House Resolution 50, which reaffirms states’ constitutional right to defend their borders in cases of invasion.” – Border Security Alliance.
“Thank you Rep. Arrington for supporting H.Res.50, reaffirming states’ constitutional authority to defend their borders when the federal government fails to do its job. States like TX shouldn’t be defenseless if future Dem administrations try to reinstate open-border policies.” – Anne Gebhart.
Texas Republican Cosponsors of H.Res.50:
- Rep. Nathaniel Moran (TX-01)
- Rep. Dan Crenshaw (TX-02)
- Rep. Keith Self (TX-03)
- Rep. Pat Fallon (TX-04)
- Rep. Lance Gooden (TX-05)
- Rep. Jake Ellzey (TX-06)
- Rep. Morgan Luttrell (TX-08)
- Rep. Michael McCaul (TX-10)
- Rep. August Pfluger (TX-11)
- Rep. Craig Goldman (TX-12)
- Rep. Ronny Jackson (TX-13)
- Rep. Randy Weber (TX-14)
- Rep. Monica De La Cruz (TX-15)
- Rep. Pete Sessions (TX-17)
- Rep. Chip Roy (TX-21)
- Rep. Troy Nehls (TX-22)
- Rep. Beth Van Duyne (TX-24)
- Rep. Roger Williams (TX-25)
- Rep. Brandon Gill (TX-26)
- Rep. Michael Cloud (TX-27)
- Rep. John Carter (TX-31)
- Rep. Brian Babin (TX-36)
- Rep. Wesley Hunt (TX-38)
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