Insurrection Act & Immigration Enforcement | Benjamin Osborne, Center for Renewing America
Fri Feb 06 2026
In this episode of The Jenny Beth Show, Jenny Beth Martin sits down with Benjamin Osborne, Legal Fellow at the Center for Renewing America, to examine the constitutional limits of state power and the federal government’s authority to enforce immigration law.
Osborne explains how the Supremacy Clause of the U.S. Constitution works in practice and why states cannot legally nullify or obstruct federal law. Using recent events in Minnesota as a case study, he outlines the difference between lawful state resistance and unconstitutional defiance, and clarifies the proper mechanisms states can use to challenge federal policy.
The conversation also explores the Insurrection Act, including when it can be invoked, how it has been used historically, and what legal options are available to a president when state officials refuse to enforce federal law. Osborne walks through the president’s authority to federalize the National Guard and the constitutional duty to ensure that laws are faithfully executed.
In addition, Osborne discusses the legal challenge to automatic birthright citizenship, his role in filing an amicus brief supporting President Trump’s position, and the upcoming Supreme Court case. He explains the historical and legal arguments surrounding allegiance, sovereignty, and why the current system has created incentives for illegal immigration.
This episode provides a clear, constitutional framework for understanding immigration enforcement, federal supremacy, and the consequences of state resistance to the rule of law.
https://americarenewing.com/issues/when-state-resistance-meets-the-constitution-supremacy-executive-power-and-the-architecture-of-executing-federal-law/
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In this episode of The Jenny Beth Show, Jenny Beth Martin sits down with Benjamin Osborne, Legal Fellow at the Center for Renewing America, to examine the constitutional limits of state power and the federal government’s authority to enforce immigration law. Osborne explains how the Supremacy Clause of the U.S. Constitution works in practice and why states cannot legally nullify or obstruct federal law. Using recent events in Minnesota as a case study, he outlines the difference between lawful state resistance and unconstitutional defiance, and clarifies the proper mechanisms states can use to challenge federal policy. The conversation also explores the Insurrection Act, including when it can be invoked, how it has been used historically, and what legal options are available to a president when state officials refuse to enforce federal law. Osborne walks through the president’s authority to federalize the National Guard and the constitutional duty to ensure that laws are faithfully executed. In addition, Osborne discusses the legal challenge to automatic birthright citizenship, his role in filing an amicus brief supporting President Trump’s position, and the upcoming Supreme Court case. He explains the historical and legal arguments surrounding allegiance, sovereignty, and why the current system has created incentives for illegal immigration. This episode provides a clear, constitutional framework for understanding immigration enforcement, federal supremacy, and the consequences of state resistance to the rule of law. https://americarenewing.com/issues/when-state-resistance-meets-the-constitution-supremacy-executive-power-and-the-architecture-of-executing-federal-law/