- The Washington Times - Wednesday, July 2, 2014

Ken Cuccinelli, former Virginia attorney general, said states along the Southern border not only have the legal right to secure their properties by dispatching the National Guard — but they pretty much also have a constitutionally based responsibility.

“When [illegals are] coming across your border, Article I, Section 10 of the Constitution [gives border states the right to] deal with this themselves,” he said during an interview on “The Laura Ingraham Show,” Breitbart reported.

Mr. Cuccinelli advised, too, that states could task their law enforcement to the borders, too.

He also said the federal government couldn’t really prevent states from securing their borders, adding that “the only thing the president could do is federalize the National Guard,” but “there’s nothing the president could do about the Texas Rangers or state police,” Breitbart reported.

“This is why we had militias,” Mr. Cuccinelli went on. “This is why militias actually existed. That is the definition of despotism — when our chief executive is committed to doing a complete go-around our Constitution.”

The argument against states activating the National Guard and sending troops to the border is that the Supreme Court has previously ruled the federal government is the rightful overseer on immigration issues, and therefore states can’t lawfully take such bold action.

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