Part I of this series showed that under the Constitution, an “invasion” triggers powers and obligations for both federal and state governments. It also showed that mass unauthorized immigration at the Southern border meets the constitutional definition of an “invasion.”
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.”
