Skip to comments.Eric Holder to Kansas governor: New state gun law unconstitutional
Posted on 05/02/2013 10:35:34 AM PDT by ColdOne
A new law in Kansas that criminalizes the enforcement of federal gun controls in the state is unconstitutional, Attorney General Eric H. Holder said.
In purporting to override federal law and to criminalize the official acts of federal officers, [the law] directly conflicts with federal law and is therefore unconstitutional, Mr. Holder wrote to Gov. Sam Brownback in a letter dated April 26. Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties.
Mr. Holder cites the Supremacy Clause of the U.S. Constitution, which says federal law trumps conflicting state authority or exercise of power. Kansass law became effective April 25.
(Excerpt) Read more at washingtontimes.com ...
Good luck Mr. Ruby Wac0.
I guess he quit reading the Bill of Rights at the end of the First Amendment. He missed amendments 2 and 10.
Holder, in this, also justifies the Fugitive Slave Act and says states had no authority to employ nullification against it.
The irony is delicious.
10th Amendment ...
You do not have authority.
Simple answer: Stay the F out of our state!
Yeah, but federal gun control law would be unconstitutional, so UP YOURS, Mr Fast and Furious.
Take it up with the guys in robes, Mr. Fast & Furious. BTT.
Like Holder gives a shit about the Constitution.
“Mr. Holder cites the Supremacy Clause of the U.S. Constitution, which says federal law trumps conflicting state authority or exercise of power. Kansass law became effective April 25.”
Sorry Holder, the supremency clause applies only to constitutional laws that are within the powers granted to the federal government, not your unconstitutional nonsense.
Show us where you have authority.
Doesn’t it just burn . . . when our enemies, when race baiting demagogues invoke the Constitution they despise and work to destroy?
Since when has Holder ever been concerned with the Constitution, and isn’t up to the Supreme Court to ultimately determine if a law is Constitutional? If Holder ever start enforcing all our current laws as required under the Constitution I’ll start to pay attention to him, but that day will never happen with this racist.
Go ahead, Holder, and make Kansas’ day. I am waiting for Obama’s army to just try, just TRY, to take on a Red State.
The fact that it’s even gotten this far means people are quickly losing their fear of the Obunga/Holder/Incompetano team.
Ahem, Mr. Holder, as a Kansan, you aren’t taking our state over for the Nanny State that you and Obama envision!
Last I heard the supremes were the ones to determine the unconstitutionality or not of laws, not some borderline incompetent affirmative action hack from the executive branch.
The Constitution in the 2nd Amendment states:
“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
That is a restriction on the US Federal government to not infringe on the right to bear arms. How can it be more clear?
According to the Supreme Court, no they didn't. But I think the 13th Amendment took out the need for those.
“Doesnt it just burn . . . when our enemies, when race baiting demagogues invoke the Constitution they despise and work to destroy?”
Holder’s probably right, but it isn’t his place to declare what is Constitutional and what is not. Until Kansas actually tries to enforce the law it won’t make it to court for a final determination.
Holder’s burning alive of American
children was not Constitutional.
Holder’s holding back of US law enforcement
by COLOR was not Constitutional.
Holder’s arming of narcoterrorists
and Islamic terrorists is not Constitutional.
Holder can take the Supremacy Clause and shove it up his Obama.
Only valid federal laws enacted pursuant to enumerated powers under the Constitution, with the Tenth Amendment as a backdrop, are supreme.
The left has been claiming supremacy for the Feds to do whatever they want to whoever they want under their misguided interpretation of the Constitution.
I’m a lawyer and I know full well how this plays out. That said, states need to STOP trying to fight the federal government by playing by their rules on their turf. Just tell them to STFU and hold your ground.
Don’t try to litigate in a federal court expecting a fair shake.
That is one of the many reasons the 17th Amendment was such a horrible idea.
Imagine all federal judges having to be confirmed by a body (senate) comprised of essentially embassadors from each state to represent the states best interest. The all powerful commerce clause (presently in question) would not be what it is today, and the Tenth Amendment would carry a lot if weight.
The 17th Amendment took a brilliant concept by the founders and twisted it beyond repair.
Now in the legislative brach we simply have the same pigs kept in two separate pens.
It should be one body to quickly act on behalf of the people, knowing that reelection is just around the corner.
Then a completely separate body that is there to slowly deliberate and advocate for the interest of their state.
That’s what would have stopped all the nonsense since the 17th A was adopted.
Yeah? Wait and see.
Kansas needs to tell Holder he does not have standing...
Obama couldn’t care less about the constitution. It has become Might Is Right.
Very well stated.
I’m not anxious to see CW-II started, but I’ll do my part to bring it to a swift end. Kansas is as good a place as any to stand ground.
i.e. I am in agreement with you on this.
Hold firm, Kansas. The whole danged state.
Well, no. Federal Laws infringing on the right to keep and bear arms are unconstitutional, and may appropriately be ignored by the states, and resisted as needed.
Like Holder gives a shit about the Constitution.
sure he does , it’s printed on his toilet paper and uses it every day
The tree of liberty is looking mighty parched.
Bloody Kansas II ?
Count me in. We all owe a debt to those who left bloody footprints on the frozen ground at Valley Forge. It's past time to pay that debt.
When debating with liberals you don't want to bring up the constitution because it will only be used as a weapon against those who respect it by those who don't. They will be more than happy to use it to score political points and then abandon it when it is no longer useful.
They will twist the 4th amendment or the 1st amendment or the 14th amendment to mean some new thing that it didn't mean at the time it was written. Then when a conservative points out exactly what it says in the 2nd amendment, the liberal will say, "Well, the constitution is outdated and doesn't really apply any more."
In any debate, you need to first agree on the principals and then argue why the principals endorse your position and refute your opponents position.
It used to be we all agreed that the constitution, the way it was written, was supreme and sovereign. It was entirely appropriate to use it in an argument. That is no longer the case. We now have to back up a few steps in our argument and use other principals which are agreed upon. (if there are any)
Oh I see.... NOW you are worried about the Constitution.
New York law now prohibits me from loading more than 7 rounds of ammo in a magazine for my semi-auto pistols. Federal law has no such limitation. Since the two laws conflict, does that mean that I can ignore New York law?
This is just like the story of China marching in and claiming land in India. That is exactly what Obama and the progressives do- and I can’t see where anyone challenges them.
Every time they make a move- we need someone to stand up and push back somehow. Bloodshed might not be necessary- why are people not taking Obama’s administration to court?
We need to call their bluff, is what I think.
When Obama changes Homeschooling, I am ready to go in. How about others?
Ready to make a stand in your circle of influence?
Someone remind the esteemed Mr. Holder of the Commonwealth of Massachussetts and State of Ohio’s Personal Liberty Laws which criminalized compliance with the federal Fugitive Slave Law of 1850.
To Eric Holder. We don’t much care what you think. We are not going to surrender our guns, we pity the fool that tries to make us.
“Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties.
Simple answer: Stay the F out of our state!”
That is exactly right. Go do “your job” elsewhere.
Hey holder you putz does that apply to our border agents who are being told what laws to enforce and which ones not to,when they swear an oath to enforce all laws?
Our Forefathers didn't make the 2nd Amendment CONDITIONAL AS OUR GOV'T IS DOING NOW. If anyone with depression be deemed banned from owning a firearm, THEN THE FEDS WOULD SIMPLY DEEM EVERYONE DEPRESSED. It's INALIENABLE, meaning 'CANNOT BE TAKEN AWAY'.
I agree the 17th needs to go.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.