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Article I, Section 8 of the United States Constitution, delineates the power that Congress
wields, and while these powers are limited due to checks and balance, it is important to uphold
their duties and responsibilities to the best of their ability. Consequently, it is imperative for
Congress to take action and enact the Border Security Tax Bill, which will be signed into law by
the President and funded by American taxpayers. By taking this action and building a wall, the
government seeks to reduce the influx of illegal immigration, drug smuggling, and human
trafficking into the country by improving security at the southern border, thereby protecting
American citizens. If all else fails from Article I, Section 8 then Article I, Section 10 of the U.S.
Constitution can be exercised.
The Preamble of the U.S. Constitution illustrates the purpose behind the formation of the
U.S. Constitution, which states, “We the people of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,
promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the United States of America.”1 Further along within
the U.S. Constitution is Article I, Section 8, which delineates the powers and responsibilities of
Congress. There is a system of checks and balances set in place among the three departments of
government to prevent any one branch from becoming excessively dominant; therefore, “…
Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defense and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United States…”2 Nevertheless,
each new Congress must take an Oath to affirm “that I will support and defend the Constitution
1 David Forte & Matthew Spalding, The Heritage Guide to The Constitution, The Heritage Foundation,
https://www.heritage.org/constitution/#!/articles/1/legislative.
2 Id.
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of the United States against all enemies, foreign and domestic… and that I will well and
faithfully discharge the duties of the office on which I am about to enter. So help me God.”3
Prior to proceeding, it is crucial to comprehend the concepts of common defense and general
welfare as they are mentioned in the Preamble and Article I, Section 8 of the U.S. Constitution.
By understanding these terms, it not only emphasizes the paramount significance of Congress in
upholding and safeguarding them, but also acknowledges the necessity for the President to sign
and endorse a complex Bill like the Border Security Tax. Common defense is designed to bring
protection to the United States and its citizens; thus, the responsibility lies in the hands of the
federal government to defend and protect. General welfare is “linked with a consideration of the
most important power known as the police power… [which] embraces a variety of interests
calling for public care and control. These are: ‘The primary social interests of safety, order and
morals; economic interests; and non-material and political interests.’”4 To justify the Border
Security Tax under the U.S. Constitution, the President must present strong arguments about the
importance of common defense and the promotion of general warfare. Among the numerous
justifications, one could easily support the tax by emphasizing the need to eliminate or reduce
illegal immigration, drug smuggling, and human trafficking in the country. Hence, with the U.S.
Constitution granting the federal government, such as Congress, the power to impose taxes with
the explicit permission of the people, a wall can be built along the southern border between the
U.S.-Mexico border to protect and defend.5
3 United States Senate, About the Senates & the U.S. Constitution| Oath of Office, United States Senate,
https://www.senate.gov/about/origins-foundations/senate-and-constitution/oath-of-office.htm#:~:text=I%20do%20solemnly
%20swear%20(or,that%20I%20will%20well%20and.
4 Vernon A. Vrooman, Legal Concept of General Welfare, 10 Notre Dame L. Rev. 42, 57 (1934).
5 Herbert Titus & Gerald Thompson, America’s Heritage: Constitutional Liberty- Taxing & Spending Overview, LONANG
Institute, https://lonang.com/commentaries/conlaw/americas-heritage-constitutional-liberty/taxing-and-spending/.
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Border patrol agents’ staff multiple ports and border crossing checkpoints along the U.S.-
Mexico border 24/7 for security purposes. Although ports play a crucial role in facilitating the
import and export of products, they also serve as a channel for illegal activities. When Trump
took office, the United States faced a broken, dysfunctional border with a constant flow of
immigrants.6 Despite promises from politicians to secure the border, they often failed to do so,
despite promising a wall that was never built.7 The process was complex and difficult, with
various chains of titles and challenges.8 Despite these obstacles, Trump helped the U.S. finally
complete the promised 450 miles of border wall, a significant accomplishment.9 The U.S.
government even implemented significant reforms to curb illegal crossings and drug smuggling,
resulting in a significant drop in crossings in the Rio Grande Valley and Yuma, Arizona.10 The
ICE and Border Patrol have seized over 2 million pounds of narcotics, saving thousands of
lives.11 Additionally, the authorities have arrested nearly 500,000 illegal aliens with criminal
records and removed nearly 20,000 gang members, including 4,500 members of MS-13.12 The
most significant reform was ending the practice known as “catch and release,” which is the
equivalent the of open borders as it entails releasing individuals into the U.S.13 Instead, President
Trump enacted a “detain and remove,” which involves sending undocumented immigrants back
to their country of origin.14 Unfortunately, since 2020, the number of illegal immigrants crossing
the border has doubled to 20 million illegals and rising.15 With a porous border, human
6 Trump White House, Remarks by President Trump at the 45th Mile of New Border Wall | Reynosa-McAllen, TX, Trump White
House Archive (Jan. 12, 2021, 2:10 PM), https://trumpwhitehouse.archives.gov/briefings-statements/remarks-president-trump-
45th-mile-new-border-wall-reynosa-mcallen-tx/.
7 Id.
8 Id.
9 Id.
10 Id.
11 Id.
12 Id.
13 Id.
14 Id.
15 Merrill Matthews, Matthews: Illegal immigrants double under Biden- and that’s just the start, The Hill (Jan. 23, 2024, 9:45
AM), https://thehill.com/opinion/4423296-matthews-illegal-immigrants-double-under-biden-and-thats-just-the-start/.
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traffickers have become busier, accelerating the flow of migrants across the southern border.16
On the contrary to when Trump was in office, as stated earlier, the current president's
administration has failed to stop illegal immigration or enforce current laws, resulting in a
greater influx and endangering millions of lives.17 Loose border rules and insufficient
government resources encourage people to rely on human smugglers, exacerbating human
trafficking in the United States.18 Furthermore, Mexican drug cartels are operating a billion-
dollar slave trade, resulting in human smuggling, drug trafficking, and violence in the United
States.19 The drug cartels collusion with Mexico has led to a deadly trade, corruption, and
enslavement of millions in Mexico and the U.S.20 This makes it unlikely for Texas and the U.S.
to establish a reliable border security partnership with Mexico, unlike how it was previously
under Trump.21 Therefore, Texas has the right to defend itself against drug cartel crimes and take
decisive action against criminal organizations within their jurisdiction.22 Even “Texas Gov. Greg
Abbott has declared that the state is under invasion at its border with Mexico, under the meaning
of Article I, Section 10 of the United States Constitution… [as it] is underway at our border with
Mexico… The intersection of the Mexican state and Mexican cartels, along with their
indisputable hostility toward American and Texan sovereignty, means we no longer have an
immigration crisis— we have anSinvasionScrisis.”23 For Texas to create safer communities, a
strong message needs to be sent to criminal organizations that their illegal activities will not be
16 Selene Rodriguez, How Porous Borders Fuel Human Trafficking in the United States, Texas Public Policy Foundation (Jan.
11, 2022), https://www.texaspolicy.com/how-porous-borders-fuel-human-trafficking-in-the-united-states/.
17 Id.
18 Id.
19 Melissa Ford Maldonado, Cracking Down on the Illegal Human Smuggling or Migrants Into the United States, Texas Public
Policy Foundation (Jun. 2023), https://www.texaspolicy.com/wp-content/uploads/2023/06/2023-06-SST-HumanSmuggling-
Maldonado.pdf.
20 Id.
21 Id.
22 Id.
23 Id.
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tolerated in the U.S. and face severe consequences if caught.24 With “recent and disturbing
instances of cartel members showing violent contempt for U.S. sovereignty along the U.S.-
Mexico border certainly strengthened the case for [the] analogy, as do rising [narcotics] deaths
[in addition to murders and sexual assaults.]”25 Overall, Texas is exercising and utilizing Article
1 Section 10 of the U.S. Constitution, the invasion clause, which states that a state may defend
itself if it has been truly invaded or is in such immediate danger that delay is not an option, and
the state does not require Congress' consent to do so.26
All in all, when Congress and the President put their citizens first, there can be positive
change throughout the country. Isaiah 37:36-38 depicts the defense and protection measures of a
city, which can be applied to the U.S. in this complex situation. 27 This is consistent with Trump's
objective to protect American citizens by building a wall that will prevent unauthorized
immigration into the United States. During Trump’s time in office, “illegal crossings plummeted
over 87 percent in areas where the wall went up. By enforcing America’s immigration laws,
President Trump made major gains toward ending the humanitarian crisis at our border; keeping
criminals, terrorists, and drugs out of our country; and protecting American workers and
taxpayers against job loss and misuse of the welfare system.”28 By implementing and endorsing
the Border Security Tax, Congress and the President are performing their responsibilities as
elected authorities to protect, defend, serve and advance the interests of America and its citizens.
This action is consistent with the requirements of Article I, Section 8 of the United States
24 Id.
25 Joshua Treviño, The Meaning of Invasion Under the Compact Clause of the U.S. Constitution, Texas Public Policy Foundation
(Nov. 2022), https://www.texaspolicy.com/wp-content/uploads/2022/11/2022-11-RR-SST-CompactClause-JoshuaTrevino-
paper5-.pdf.
26 David Forte & Matthew Spalding, The Heritage Guide to The Constitution, The Heritage Foundation,
https://www.heritage.org/constitution/#!/articles/5/amendment.
27 Isaiah 37:33-35 (NIV).
28 Trump White House, Immigration, Trump White House Archives, https://trumpwhitehouse.archives.gov/issues/immigration/.
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Constitution, which allows Congress the authority to collect taxes for the common defense and
general welfare in order to protect the American people. Moreover, in the event that all
preceding efforts are unsuccessful, Article I Section 10 grants the state the authority to bypass
Congress and independently address matters pertaining to the protection and well-being of the
American people.
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