On Friday, 26 January, Slate magazine ran a piece entitled “GOP Governors Invoke the Confederate Theory of Secession to Justify Border Violations.” Slate has an interesting definition of “border violations.” A sensible, normal person would think that meant crossing the border illegally. Slate uses the phrase to refer to Texas Governor Greg Abbott, who has taken steps to guard his State’s border and turn back the torrential flood of foreign migrants pouring over the Rio Grande.
The Slate article’s author, Mark Joseph Stern, clearly doesn’t know his history. Oh, he is quick to cite Abraham Lincoln’s opposition to the Compact Theory, and throws in Daniel Webster for good measure. Stern also mentions the Nullification Crisis of 1833, when eeeeevil South Carolina had the temerity to defy unconstitutional federal edicts. He also incorrectly characterizes the Confederate South as “totalitarian.” This would have been news to the totalitarian Adolf Hitler, who espoused the centralization of Abraham Lincoln, not the federalism of Jefferson Davis, in Mein Kampf. Stern also conveniently ignores the history of the Constitution’s origins – specifically its writing and ratification. The Compact Theory (or, rather Compact Fact) was not invented by the Confederates. It was the true nature of the Union, understood by the vast majority of the Founding Generation, North and South. Thomas Jefferson and John Taylor of Caroline elucidated it best, but they were not alone. Roger Sherman and John Dickinson, among a multitude of others, knew and spoke and wrote the truth. Even men who were actually nationalists in their inclination had to argue that the Constitution was a federal compact in order to get the States to ratify it - James Wilson and Alexander Hamilton spring immediately to mind (see Wilson's Statehouse Yard speech and Hamilton's remarks to the New York ratification convention). How often do the authors of The Federalist, even Hamilton and John Jay, repeat that the Constitution establishes a federal compact? Good grief, the Constitution itself recognizes this by referring to "the United States" in the plural throughout - e.g., Article Three, Section 3: "treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort." (emphasis mine)
All Slate has done (albeit inadvertently) is illustrate a great historical truth: Alexander Hamilton, John Marshall, Joseph Story, Daniel Webster, Henry Clay, and Abraham Lincoln were liars who created a nationalist myth and interpretation of the Constitution which is entirely false and totally contrary to the spirit of 1776. The Confederates, rather than manufacturing a false theory of Constitutional interpretation, were the ones defending the truth of history, the Constitution as ratified, and whatever remnant of Christendom yet remained extant on the face of the earth. Western Civilization died at Appomattox. We are merely living through the death throes. (Though one might argue the suicide of the West began in 1789 with the French Revolution and concluded with either of the World Wars). Of course, in doing this, Slate has exposed the elephant in the room – Abraham Lincoln established an empire on the ruins of the old federal republic and it is now his party appealing to a truth he himself rejected. The irony of the GOP appealing to Jefferson’s truth rather than Lincoln’s lie should not be lost on any of us, but let us take it as a positive sign. Perhaps this represents a sea change. Perhaps more Americans are beginning to rediscover the truth of what Jefferson called “our confederated fabric.” Perhaps necessity will spur a rejection of Caesar and a return to Cincinnatus.
There is no constitutional crisis here. The original thirteen States created the Union for the common trade and defense. Texas joined the Union for the sake of common trade and defense. If the government of the Union fails to provide for the common defense, the States absolutely have the right and the duty to protect themselves. Case closed.
Moreover, in actively refusing to enforce a constitutional law, Joe Biden has violated his oath of office. So have the five Supreme Court justices who ruled in his favour. They should be impeached and removed from office. But that is not all. The Union is being invaded at the southern border. These migrant crossings are being spurred on and taken advantage of by drug lords and terrorist organizations like Hamas. The federal government has abdicated its responsibilities. Texas has the right to step into the breach. The fact that the federal government is actively attempting to thwart Texas in her acts of self-defense only makes the betrayal ten times worse. This is not mere dereliction of duty. It is the aiding and abetting of a foreign invasion - the Biden Administration and the Supreme Court majority have committed treason. The Union established under the Constitution is a pact for common defense and trade, not a suicide pact.
God bless Texas, and God bless the governors with enough spine to support her. The Lone Star State must nullify the Supreme Court's ruling and continue to defend the border. Any federal agent who tries to interfere should be arrested and charged with treason under Article Three, Section 3 of the U.S. Constitution.