Occasionally speaking of herself in the third person, Joann Fleming, the self-proclaimed head of an East Texas “Tea Party” group, led a press conference at the Texas State Capitol on Wednesday. The Fleming gang demanded that Governor Rick Perry and Attorney General Greg Abbott order a Special Session of the Texas Legislature (cost: well over $1 Million) in order to spend the Rainy Day Fund (cost: up to $4 Billion) and that the Governor declare martial law (cost: immeasurable).
Fleming (“. . . if you’re like me, your brain will be screaming to you . . .”) shrilly stated that the Federal government has no right to tax Texans “except when they have declared war or a state of emergency” and that “Maybe we can’t count on our State officials to protect us, either.” Calling Texas a “sanctuary State,” Fleming ignored the fact that Governor Perry “alienated some potential supporters after his push to ban so-called “sanctuary cities” in Texas.”
Failed 2014 Republican Congressional candidate, Katrina Pierson, who once called a US Marine Captain “deformed” because of his war injuries, took the stage to complain that 50% of Texas’ budget comes from Federal dollars! Where does she think “federal dollars” come from? In fact, through 2010, Texas was a “donor State. Since then, Texas received a bit more than Texas taxpayers sent to Washington – if you count Medicare, Social Security and the money that supports the military in our State. Sounds like pay back to me.
Another member of the gang, a lawyer, said that the Governor (and Attorney General?) had been getting bad legal advice. When asked what difference this plan would make, since Texas can’t legally deport illegal aliens, the lawyer suggested that the Governor should ignore the law, order the Guard and DPS to deport illegal aliens, and bypass Immigration and Customs Enforcement. He said that the worst that could happen is that President Barack Obama and Holder could sue.
Article 1, Section 10 of the United States Constitution:
“No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
Under the usual circumstances, the National Guard is under the command of the President of the United States, rather than control of the Governor. As explained by the (far-right wing) Red State last year, the National Guard is not the “militia” of the several States. Instead, the men and women serving in the Guard are considered ‘troops.”
It is true that in times of “imminent danger” the Governor may declare a state of emergency and call up the Guard for duty within the State. You may even remember that in 2010, then-US Attorney General Napolitano told Governor Perry that if he wasn’t happy with the 250 troops sent to the Texas border, he was welcome to call them up himself and pay for it. Unfortunately, the current US Attorney General is Eric Holder.
The emotional demand by one woman, Alice Linahan of Women on the Wall, that Governor Perry and General Abbott “Show us that you’re actually different from Obama,” sums up the cognizant dissonance of the entire press conference. The gang seems to have no understanding of how quickly President Barack Obama and Attorney General Eric Holder ignore the law, at the same moment that they condemn it.