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Reason
Reason
Ilya Somin

HISTORICAL FACTS: Immigration invasion and habeas corpus - The Untold Story

In my last post, I criticized Texas's argument that illegal migration and cross-border drug smuggling qualify as "invasion" under Article I of the Constitution, thereby authorizing state governments to "engage in war" to stop them. If Texas and other advocates of this theory are correct, it has an additional radical implication: the federal government can suspend the writ of habeas corpus at pretty much any time it wants.

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