Abbott’s Border Antics: An Airtight Case for Under-Used and Over-Used Constitutional Clauses

South Texas Border Patrol Check Point Truck Inspection. Photo by U.S. Customs and Border Protection. Public Domain.
South Texas Border Patrol Check Point Truck Inspection. Photo by U.S. Customs and Border Protection. Public Domain.

“Economic fallout worsened Thursday,” the Washington Post reports,  “even as Texas Gov. Greg Abbott (R) moved incrementally to roll back new inspection rules for commercial trucks entering from Mexico, with some companies saying they aren’t able to fulfill orders because trucks are stuck in multi-mile backups at a number of entry points.”

For more than a year, Abbott’s been burnishing his reputation as America’s top immigration authoritarian. In March of 2021, he launched “Operation Lone Star,” mobilizing his state’s National Guard for various border-related theatrics, and hosting units from states whose Republican governors want their reputational tickets similarly punched (and are willing to treat taxpayer money and the troops’ time as campaign contributions for the purpose).

For nearly a year, Abbott’s petty stunts — such as abducting immigrants in Texas and busing them to Washington, DC (“thanks for the ride, Greg!”) — mostly inconvenienced undocumented immigrants, National Guard troops, and Texas taxpayers. The rest of us, not so much.

But in early April, he ordered Texas state troopers to “inspect” (read: delay) commercial vehicles entering the state from Mexico, after those vehicles had already undergone federal inspections.

Abbott’s escalation creates a whole new supply chain problem with one of America’s  largest trading partners (Mexico runs neck and neck with Canada and China for the top spot).  You may not be seeing his antics in your grocery bill or price paid for car parts yet, but if he keeps it up you will soon.

That’s OK, though, he says: He’s “negotiating agreements” with the governors of Mexican states, pushing them to do more of the immigrant hassling in return for him easing off on the “inspections.”

The US Constitution (Article I, Section 10) says that “No State shall, without the Consent of Congress … enter into any Agreement or Compact with another State, or with a foreign Power.”

The clause isn’t invoked very often. Governors frequently visit foreign countries to drum up preferential trade deals. But Abbott’s  clearly operating beyond his authority as governor of Texas here.

Another clause, in Article I, Section 8, gets trotted out every other day when the federal government wants to intervene in even the most minor state or local matter:

“Congress shall have Power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

In 2005, the US Supreme Court ruled (in Gonzales v. Raich) that this  clause even justified US government interference with medical marijuana grown in, sold in, and used in a single state without ever crossing a border.

The clause certainly applies to goods crossing into Texas on their way from Mexico to markets in Texas or elsewhere.

Texans like to style themselves as exceedingly independent, and sometimes there’s even talk of actual secession. Abbott’s playing to that tendency. But he’s pretending to powers he doesn’t possess — yet, anyway — and he’s doing so at your expense.

Time for the feds to hold Greg Abbott after class and make him write “I will not restrain international trade” on the blackboard a few hundred times.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Mariupol: Let’s Talk About “Chemical Weapons” Propaganda

Police attack protesters with chemical weapons. Ferguson, Missouri, August 17,2014. Photo by Loavesofbread. Creative Commons Attribution-Share Alike 4.0 International license.
Police attack protesters with chemical weapons. Ferguson, Missouri, August 17,2014. Photo by Loavesofbread. Creative Commons Attribution-Share Alike 4.0 International license.

As I write this, BBC reports that UK Foreign Secretary Liz Truss is “urgently” investigating reports of a chemical weapons attack in the Ukrainian city of Mariupol. The US Department of Defense finds the reports “deeply concerning.”

Usually when the western governments start quacking about “chemical attacks,” it means they’re planning to take action of some kind — airstrikes in Syria, sanctions on Russia, what have you — and are looking for an excuse.

This doesn’t look like an exception to that rule: Further down in the story, Ukrainian Deputy Defence Minister Hanna Maliar identifies the likely weapon as “phosphorous ammunition.”

That would most likely be white phosphorous, an element not classed as a chemical weapon under the Chemical Weapons Convention. It’s used as a component in smoke, illumination, incendiary, and tracer rounds for everything from small arms to large artillery, as well as in grenades, by most major militaries on Earth.

In theory, it’s illegal to use white phosphorous to attack “personnel,” but acceptable to use it on “equipment.”

That’s a pretty big loophole. As an 81mm mortarman in the US Marine Corps, I often trained on what we called “shake and bake” missions, involving a mix of white phosphorous and high explosive rounds. The justification? We would be firing at the enemy’s “equipment.” That would include their uniforms, canteens, etc. If they chose to stay with that “equipment,” well, that was their problem.

If the weapon in question is indeed white phosphorous, calling the incident a “chemical” attack is neither legally accurate nor novel. It’s nasty stuff — it burns incredibly hot and water won’t put it out — but it’s been in wide use since World War One. Including, probably, by both sides in the Ukrainian conflict.

In truth, chemical weapons aren’t especially useful on the modern battlefield. Soldiers of all nations carry, and are trained to use, protective gear. Such weapons have some utility in short-term “territory denial” — making the enemy not want to enter a given space for fear of exposure. They’re not a game-changer, though. And, with one exception, most regimes won’t use them precisely because the effects aren’t worth the negative reactions.

That exception is CS, commonly known as “tear gas.”

Unlike white phosphorous, “tear gas” IS banned under the Chemical Weapons Convention. It can’t legally be used on the battlefields of international conflicts.

But most regimes, including the US government, freely use it on “their own people” (another phrase often used in pre-escalation propaganda) to break up protests, flush out suspects in standoffs with police, etc.

CS, which is highly flammable, was the agent used in the US government’s fiery 1993 massacre of 76 Branch Davidians, including 25 children, near Waco, Texas.

The US also retains stockpiles of deadlier agents, which it agreed by treaty in 1997 to destroy by 2007. What’s the holdup?

Given the American government’s own retention of several actual chemical weapons and frequent, even casual, use of another,  calling a supposed white phosphorous attack in a war zone “deeply concerning” comes off as, at best, insincere and opportunistic.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Beauty and the Culture War Beast: Buycott Beats Boycott

Fireworks at Disney World in Orlando, Florida. Photo by Abacoaseo. Creative Commons Attribution-Share Alike 4.0 International license.
Fireworks at Disney World in Orlando, Florida. Photo by Abacoaseo. Creative Commons Attribution-Share Alike 4.0 International license.

On April 6,  hundreds of protesters convened outside the Walt Disney Company’s headquarters in Burbank, California. Their message: Boycott Disney.

Disney’s having a moment at the center of the latest culture war dust-up, with the allied forces of Donald Trump’s “Make America Great Again” base and the old “religious right” arrayed against an equally motley crew of something they call the “radical woke left.”

Under pressure from the latter, Disney spoke out against Florida’s so-called “Don’t Say Gay” law, a bit of fentanyl-laced red marketing meat tested on the former’s support base there, and now spreading to other states.

Disney’s General Entertainment Content president, Karey Burke, followed that up with a stated intention to boost the presence and centrality of  queer characters in Disney productions: “We have many, many, many LGBTQIA characters in our stories and yet we don’t have enough leads and narratives in which gay characters just get to be characters and not have to be about gay stories.”

Right-wing response: Avengers! Assemble!

It seems that the American right has already forgotten, and is about to re-learn, a lesson it’s only recently given to what passes for an American “left”: It’s easier to implement and sustain a “buycott” than a “boycott.”

When Chick-fil-A came under attack for donating money to anti-LGBTQIA causes, its revenues didn’t fall. In fact, they soared to new records as Chick-fil-A became religious conservatives’ fast food chain of preference.

The Chick-fil-A boycott/buycott scenario had clearly drawn lines. You avoided it because you supported e.g. same-sex marriage, or you patronized it to “own the libs.”

With Disney, the lines aren’t nearly as clear. Disney is easy to buycott, hard to boycott.  Why? Because Disney owns and makes a LOT of stuff, not all of which is obviously Disney-branded. Let us count the ways:

Walt Disney Pictures and Walt Disney Animation Studios. Pixar. Marvel Studios. Lucasfilm. 20th Century Studios and 20th Century Animation. Searchlight Pictures. The ABC television network. The Disney Channel. Freeform. FX. National Geographic.  A&E. ESPN. Hulu. Then there are its theme parks, hotels, and cruise line.

If you consume entertainment content, you almost certainly consume Disney content whether you notice you’re doing so or not.

Buycotting  Disney is as easy as continuing to do what you’re probably already doing.

Boycotting Disney? Well, that’s significant and probably unpleasant work. How many sportsball fans even notice that Disney owns ESPN? How many of them are going to give up watching their favorite teams’ games over it? Probably not many.

The proposed Disney boycott is essentially Old Yeller, except that few will likely notice or mourn when it’s put down. And frankly, I’d be happy to see all of these “culture war” battles end that way.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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