Texas and the Perpetual Crisis of American Federalism
By asserting its right to pursue an immigration policy at odds with that of the US federal government, Texas is reviving a constitutional debate that recurred throughout the early nineteenth century, culminating in the Civil War. It is an ominous reminder that the perpetuation of the Union can never be taken for granted.
CHICAGO – By claiming that it has the power to enforce its own immigration policy, even when that policy conflicts with federal law, Texas has reignited a debate about federalism that is as old as the United States itself. But with so many commentators invoking the past to justify their positions, it is crucial to get the history right.