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In this aerial view, A group of more than 1,000 immigrants walks towards a U.S. Border Patrol field processing center after they crossed the Rio Grande from Mexico in Eagle Pass, Texas, on Dec. 18, 2023. John Moore/Getty Images
One reason some people fail to understand why the State of Texas can protect itself against the illegal immigration invasion is that they lose sight of a basic part of American constitutional federalism. This is the distinction between exclusive powers and concurrent powers.
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
