Texas’ Border Stand: A Lesson in Self-Governance

Last Monday, in a 5-4 decision, the United States Supreme Court removed a temporary injunction allowing the federal government to remove border deterrents, such as razor wire fences, that the state of Texas had constructed along the southern border as ongoing litigation continues. In response, Governor Greg Abbott issued a statement slamming the federal government for shirking its “constitutional duty to enforce federal laws protecting the States, including immigration laws.” Abbott further went on to state that he declared that Texas was under an invasion, invoking Article 1 Clause 10 Section 3 of the United States Constitution, and that his administration would do what was necessary to protect the people of Texas. Twenty-five other governors issued a joint statement supporting Texas’ defiance of the Supreme Court’s ruling.

The stance that the state of Texas is taking is a perfect lesson in self-governance. We should take this opportunity to consider some questions that have arisen since this standoff began. Did the Framers create a system that enables five judges the ability to unilaterally decide that a state could not do everything in its power to protect and defend its people from an invading force? Is that the type of power the Framers had vested in the Judiciary?

If we invest in the forgotten art of contextualizing the Constitution, it would appear that the Framers actually established the Judiciary to be the weakest branch of the federal government. On his show last Wednesday, COS endorser Steve Deace pointed to Federalist No. 78 for a deeper understanding of the role our Founders had developed for the Judiciary. Alexander Hamilton wrote in Federalist No. 78,

“The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”

Yes, according to the Framers of our great Constitution, the United States Supreme Court’s decisions are “merely judgment,” and judgments that are wholly dependent “upon the aid of the executive [branch].” This is odd, because haven’t we been repeatedly informed that once the Supreme Court issues a ruling, it is the “law of the land?”

It may not be the media alone that has conditioned us to simply believe that if a portion of the government decrees it, we must obey. As Deace also pointed out in the first chapter of his book, Do What You Believe, the unfortunate reality is that many churches have also laid the foundation for this line of thought, particularly when it comes to teaching Romans 13:1-7, where the Apostle Paul writes,

Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. 2 Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. 3 For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. 4 For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer. 5 Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also as a matter of conscience.6 This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing. 7 Give to everyone what you owe them: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor.

At first blush, it would appear that Paul is instructing us that we must always obey all governments, full stop. Indeed, that is what many of America’s pastors lead their congregations to believe. Of course, that thought process ignores the obvious: the author of the Book of Romans was Paul, who was imprisoned and executed by the Roman authorities under Emperor Nero. Paul’s martyrdom is as clear an indication as any that he did something in defiance of Rome, which was the governing authority of his day.

Then, how did Paul go from writing that “it is necessary to submit to the authorities,” to being executed for not submitting to Rome? And what about the Founders? Didn’t they violate this passage from God’s word by rebelling against the British Empire and King George III? The answer to the former lies in the very same text, as Paul clearly lays out that God has a high standard for governing authorities. “For rulers hold no terror for those who do right, but for those who do wrong…For the one in authority is God’s servant for your good…They are God’s servants, agents of wrath to bring punishment on the wrongdoer.”

Yes, as observed by Deace in his book, government or governing authorities are established by God to be His servants and “agents of wrath” that will “bring punishment” to those that commit evil. Therefore, if government fails to serve God, it must be rejected. This is the principle that led to Paul’s execution, as well as to the Shot Heard ‘Round the World. Indeed, history is full of examples of righteous rebellions against tyrannical governments or governing authorities.

But, what of America’s system of governance, and who are the governing authorities? The answer to that question is found in the first three words of the United States Constitution: We. The. People. Ours is a nation founded to be self-governing, which means we accept the responsibility to be servants of God. We may select and empower representatives and officials to handle the day-to-day operations of government, but the ultimate authority remains with the people.

Unfortunately, this is a key fact that has been neglected, if not rejected, by our current society. We the People have attempted to outsource our responsibility to the public servants we elect, which may be exactly why our government conducts its affairs as the proverbial inmates running the asylum. In fact, our failure as governing authorities is exactly what has brought us to a time in history where five justices declare that a state cannot defend itself against an invading force.

Thankfully, there is a solution, and the defiance from Texas is casting a beacon of light as that of a lighthouse to a lost ship as it nears the shore. We the People must re-establish our culture of self-governance and resume our role as governing authorities. No longer can we afford to show up at the ballot box on election day and assume our job is done. Equally, we cannot rest on our laurels after important legislation is passed by assuming that everyone will follow the law. No, as governing authorities, we must remain vigilant and serve as the vanguards of freedom. The stakes are simply too high for us to avoid this responsibility. As Ronald Reagan observed in his inaugural address as California Governor in 1967,

“Freedom is a fragile thing and it's never more than one generation away from extinction. It is not ours by way of inheritance; it must be fought for and defended constantly by each generation, for it comes only once to a people. And those in world history who have known freedom and then lost it have never known it again.”

Let us not be the generation to lose freedom. Instead, let us take a stand, as Texas has taken a stand to defend its people, and let us embrace self-governance to preserve this great nation for posterity.