The Border Blockade: Governor Johnson’s Executive Overreach in the Rockies

National Guard soldiers in 1930s uniforms stand at a wooden road blockade in a desert landscape.In 1936, the Colorado National Guard was deployed to the state's southern border to enforce an executive order blocking impoverished migrants.In 1936, the Colorado National Guard was deployed to the state's southern border to enforce an executive order blocking impoverished migrants.

In 1936, Colorado Governor Edwin C. Johnson declared martial law to prevent impoverished migrants from entering the state during the Great Depression. This executive action in the United States highlighted the tensions between state sovereignty and federal constitutional rights.

TLDR: Governor Edwin C. Johnson deployed the National Guard in 1936 to seal Colorado’s southern borders against indigent migrants. This controversial use of executive power during the New Deal era sparked a constitutional crisis over the right to interstate travel, eventually forcing a retreat under federal pressure.

In the spring of 1936, the United States remained mired in the economic wreckage of the Great Depression. As the Dust Bowl environmental catastrophe displaced thousands across the Great Plains, a steady stream of migrants moved westward in search of survival. In Colorado, Governor Edwin C. Johnson viewed this migration with mounting hostility. He feared that the arrival of impoverished families would deplete the state’s limited relief resources and exacerbate local unemployment. On April 18, 1936, Johnson invoked his authority as commander-in-chief of the state militia to declare martial law along Colorado’s southern border.

The executive proclamation established a military zone extending ten miles north of the border with New Mexico and Oklahoma. Johnson dispatched approximately 100 members of the Colorado National Guard to man checkpoints at key entry points, including the strategic Raton Pass near Trinidad. These soldiers were given explicit orders to prevent indigents, tramps, and paupers from entering the state. The Governor’s rationale rested on the claim that Colorado had a sovereign right to protect its treasury from being overwhelmed by residents of neighboring jurisdictions.

This blockade immediately disrupted interstate commerce and travel. National Guardsmen, dressed in their standard-issue wool uniforms and campaign hats, stopped automobiles and searched freight trains. Travelers who could not produce a certain amount of cash or proof of employment were summarily turned back. The sight of armed troops patrolling the highways created a spectacle that drew national attention and sharp criticism from civil rights advocates.

The political fallout was swift and severe. New Mexico Governor Clyde Tingley denounced the blockade as an un-American act and a violation of the United States Constitution. Tingley threatened to launch a reciprocal blockade or a total boycott of Colorado products, which would have devastated the regional economy. The New Mexico legislature even considered a formal protest to the federal government. Meanwhile, the American Civil Liberties Union and various labor organizations condemned Johnson’s use of executive power as a dangerous precedent that undermined the basic rights of citizenship.

Inside Colorado, the blockade was met with a mixture of support and revulsion. Some local newspapers praised Johnson for his stance in prioritizing Colorado residents. However, many citizens were disturbed by the logistical chaos and the ethical implications of denying entry to the poor. The blockade also proved difficult to enforce effectively across the rugged, porous terrain of the high desert. Despite the military presence, many migrants simply bypassed the main roads, slipping into the state through mountain trails and unguarded backroads.

The federal government’s reaction was one of cautious disapproval. While the Roosevelt administration was wary of infringing on state sovereignty, the Department of Justice began investigating whether the blockade violated federal statutes. Under mounting pressure from the federal government, neighboring states, and the national press, Johnson realized the blockade was unsustainable. On April 28, 1936, just ten days after it began, the Governor rescinded the martial law order. He claimed the operation had successfully deterred a horde of migrants, though critics argued it had only succeeded in tarnishing the state’s reputation.

The 1936 Colorado border crisis remains a significant episode in the history of executive power and the right to travel in the United States. It highlighted the fragility of constitutional protections during times of national emergency. The controversy contributed to the eventual legal consensus that states cannot restrict the movement of citizens based on their economic status. This principle was later solidified by the U.S. Supreme Court in the 1941 case Edwards v. California, which ensured that the right to interstate travel remains a fundamental pillar of American liberty.

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