Gov. Abbott has the authority to use militias; he just doesn't have the guts...
Under the 10th Amendment:
** "California, Arizona, New Mexico, and Texas have the power, unrestrained by the Constitution for the United States of America or any law passed by Congress, to use the militia to protect their citizens and borders from the human invasion flowing north. In fact, the individual States, when “actually invaded, or in such imminent Danger as will not admit delay,” have the constitutional authority, independent of the federal government, to engage in war when necessary." **
Gov. Abbott has the authority to use militias; he just doesn't have the guts...
Under the 10th Amendment:
** "California, Arizona, New Mexico, and Texas have the power, unrestrained by the Constitution for the United States of America or any law passed by Congress, to use the militia to protect their citizens and borders from the human invasion flowing north. In fact, the individual States, when “actually invaded, or in such imminent Danger as will not admit delay,” have the constitutional authority, independent of the federal government, to engage in war when necessary." **