“Texas can’t supercede federal law on immigration.”
Texas isn’t superseding federal immigration law. Feds aren’t enforcing it, and are actively aiding & abetting illegal immigration.
Feds have affirmatively rejected their Article IV, Section 4 duties, as delegated to them by the States. The responsibility to enforce the border therefore falls back to the States (who received that duty from the People). 10th Amendment applies.
10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
First part says it all: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States...
Article IV, Section 4 delegates that power to the federal government by the Constitution and states specifically:
“The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.” (Emphasis added)
The fact the feds aren’t doing their job is treason in my book but it’s still their responsibility. That’s where the fight needs to be.
You can argue all day with your 10th amendment argument but as stated: Article IV, Section 4 delegates that power to the federal government and the 10th amendment doesn’t cover what Texas is doing because of that simple fact.
I am all for what Texas and Governor Abbott is doing because its an in your face do your f’n job to the federal government and needs to be done. Hopefully other states will follow.