So what are the Feds going to do to enforce the order? Nationalize the Texas Guard and order them take down what they put up? Send in US Marshals or the army?
If people follow the Constitution, the Biden administration cannot nationalize the Texas Guard. Only Congress can call up the state militias.
Article I Section 8 Clause 15:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;Even then, the President might command the militia, but its officers still belong to the state.
Article I Section 8 Clause 16:
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;I'd love to see Biden try and Abbott refuse citing that only Congress can call up the Texas National Guard. Then, I'd like to see Abbott appoint the officers who refuse the comply with Biden's orders.
-PJ