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    Proposal:

    The federal government has a responsibility for defense of the country and the security of its borders. The legislative branch of the federal government sets the defense program, the border security program, the immigration program, the asylum program, and the funding to support them. Each state must cooperate with these federal programs, including cooperating with other states in support of these federal programs.

    Intent:

    To establish an operating model for federal border security protecting both the federation’s supremacy and the rights of the member states.

    Discussion:

    The federal government is responsible for the effectiveness of these programs. If they are ineffective, and if the problem becomes large enough, the problems of a border state will affect all states. Individual states do not have the authority to reject federally enacted laws or to create their own border security policies for the federation. However, if the federal border security program is ineffective, a state should attempt to remedy the situation through the executive, legislative, and judicial branches.

    An executive remedy would be for the state governor to declare an emergency and use the state’s military forces for border security in accordance with federal laws.

    A legislative remedy would be for the state’s representatives to the federal legislature to propose laws to improve the border security program and to repay the state for expenses incurred in filling in border security gaps until the federal government addresses them. The state’s representatives could vote against laws proposed by any other state representatives until its border security issues are addressed.

    A judicial remedy would be to sue the federal government for failing to adequately implement a border security program and thus failing to adequately protect the federation and specifically the state, seeking an order for the executive branch to reallocate funds to address the problem.

    Related topics:

    * Border security
    * Right to travel
    * Right to asylum

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