To defuse the risk from unvetted illegal migrants, settle the Constitutional questions

On Sept. 11, 2001, Americans woke up to a dramatic, well-planned attack on their own soil. 

The subsequent 9/11 Commission reported a group of nineteen foreign individuals entering the U.S. as flight students. 

Those 19 individuals are now, symbolically, 19 million because the Biden administration opened the southern border to millions of unknown migrants from numerous foreign, some hostile, countries. Some may be technically sophisticated, and trained.  A 9/11-level attack, or worse, could conceivably be organized by some of these individuals who have no legal status here, but who have purported legal rights provided by the progressive political Left.

Like 9/11, numerous current illegal immigrants are also declared “students,” but now, untold numbers are installed in our universities. They are being protected by U.S. lawyers, and law professors who are lobbying their universities to provide more aid and protection. These “students” are also being agitated by our own domestic political elites who are calling for an “uprising” against the Trump administration. This includes extraordinary, simmering hostility against Israel.  
 
The way to start defusing this risk for the long term, is to settle the Constitutional law question about illegal immigrants, and related national security. 

One of the most basic mistakes that legal scholars, judges, and Congress are making, concerns the Bill of Rights, or Amendments, especially the 14th, which is used to assert blanket protection to “persons.”  To the progressive Left, the U.S. is one big open, and lawless, global sanctuary city.

The Constitution has a Preamble, however, which must be constantly referenced. That Preamble announces in clear language, who is making the Constitution, and who it is for: “We, the People of the United States.”  Any subsequent reference to persons or people, must be oriented in the Preamble by the preposition “of” and the identifier, “We.”  The Constitution also forms a contract among its citizens in subsequent language: “in Order to form a more perfect union.”  
 
The Preamble creates this qualification of “persons,” by establishing an exclusive people as exclusive agents of their sovereign country, who are its sole source of authority. That instrumentation occurs through legal voting establishing representation. That right is reserved for citizens. Those citizens overwhelmingly selected President Trump, and constitutionalism.
 
Some of our elite law schools, where many of our judges come from, are often called “schools of the 14th Amendment.” That implies they have free-floating beliefs about what law, and the Constitution, is.  Psychologists can call this “maladaptive daydreaming.” University of Chicago economist Harold Demsetz called it the “Nirvana Fallacy.” 
 
By contrast, Supreme Court Justice Antonin Scalia said the dictionary was his best friend.  It is vital to follow the rest of the Constitution’s clearly written Preamble: to establish Justice, insure domestic Tranquility, and provide for the common defense.  
 
In some ways, the last five years were a “slow-burn 9/11,” conducted by irregular political warfare — and lawfare — by voluntarily opening the gates of Troy.  Unlike 2001, no Trojan horse was needed. 
 

Matthew G. Andersson is a former CEO and executive advisor in aerospace and defense with Booz Allen Hamilton. He is a jet command pilot and graduate of Embry-Riddle Aeronautical University, and the University of Chicago. He has testified before the U.S. Senate and worked with White House national security advisor W.W. Rostow at the Johnson School of Public Affairs. He is the author of the upcoming book “Legally Blind” concerning ideology in law training and the judiciary.

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