Cuccinelli: States that are being ‘invaded’ by migrant caravans have constitutional war powers to stop them

(TNS)Â Invasion: Former U.S. attorney and Virginia Attorney General Ken Cuccinelli said Tuesday that the U.S. Constitution gives states unique authority to repel invasions without an authorization from Congress.

Cuccinelli, in an interview withÂ Breitbart News on SiriusXM, was discussing the “invasion” of migrants traveling in two caravans currently heading towards the U.S. in an effortÂ designed to overwhelm the countryâ€™s asylum and immigration system.

“Article 1 Section 10 of the Constitution, third paragraph, lists some things that the states can do under some certain circumstances. And[the Constutition] says that no state shall enter into war without the permission of Congress unless they are actually invaded. Well, here it comes,” he said.

“First of all, weâ€™ve been being invaded for a long time so the border states clearly qualify here to utilize this power themselves. And whatâ€™s interesting is they donâ€™t need anyoneâ€™s permission. AndÂ because [the states are] acting under war powers, thereâ€™s no due process,” he continued.

“They can literally just line their National Guard up â€” presumably with riot gear like they would if they had a civil disturbance â€” and turn people back at the border. Literally,Â you donâ€™t have to keep them, no catch-and-release, no nothing,” Cuccinelli said.



