Skip to comments.Kansas SOC response to Eric Holder
Posted on 05/03/2013 2:11:56 PM PDT by JohnKinAK
On April 26, 2013, U.S. Attorney General Eric Holder sent a letter to Kansas Governor Brownback concerning SB 102, the Second Amendment Protection Act. In that letter, Holder declares SB 102 to be unconstitutional and suggests that federal officials will disregard it. Holders understanding of the United States Constitution is incorrect.
As one of the co-authors of SB 102 and a former professor of constitutional law, I ensured that it was drafted to withstand any legal challenge. SB 102 states that a firearm that is assembled in Kansas, that is stamped Made in Kansas, and that never leaves the State of Kansas is not subject to regulation by the federal government. It was drafted with the intent to assert Kansass authority as a co-equal sovereign under the United States Constitution to regulate a matter that is outside Congresss jurisdiction under the Interstate Commerce Clause of Article I, Section 8. It was also drafted to stave off unconstitutional legislation pending in Congress that not only infringes upon the Second Amendment rights of Kansas Citizens, but also exceeds Congresss constitutional power to regulate interstate commerce.
"With respect to his concern that federal officials be allowed to enforce federal laws, Mr. Holders statement is a curious one. He was evidently not concerned that ATFE officials be allowed to enforce federal law when his agency oversaw the fast and furious operation to walk guns into the hands of Mexican cartels.
The State of Kansas is determined to restore the Constitution and to protect the right of its citizens to keep and bear arms."
(Excerpt) Read more at scribd.com ...
I like it. No punches pulled, basically called Holder a criminal with no authority to be telling anyone else anything.
the states, it seems to my, could use this model to interpose their authority between the people and the feds very effectively in a wide rage of activities.
With respect to his concern that federal officials be allowed to enforce federal laws, Mr. Holders statement is a curious one. He was evidently not concerned that ATFE officials be allowed to enforce federal law when his agency oversaw the fast and furious operation to walk guns into the hands of Mexican cartels.
Well, yeah, but I'm sure those cartels contributed millions of dollars to President You Didn't Build That's reelection campaign, so it was okay.
Hopefully Sheriff Arpaio will go to Kansas, arrest this man, bring him to AZ and have him sentenced to a minimum of 4 years as Governor.
Wish our governor and atty general would write an identical letter.
Like use of federal lands for starters.
States need to ‘repatriate’ control over so called ‘federal land’. Ask Nevada about that one. AZ to but to a lesser extent.
WTF? Who are you talking about?
Selective enforcement of which Federal laws you will support
is a violation of your sworn oath to support the Constitution .
It is sorta like : being ‘a little-bit pregnant’
You either are , .. or are not
It was a joke man....
Oooops, sorry. I read the last word again.. ‘Governor’.. LOL Not happy with Jan Brewer?
Awesome response, simply awesome.
He should’ve mentioned ‘DOMA’ too.. Another Federal Law which 0bama stated specifically he would not enforce.
50 50. She tends to help Obama more than fight him. But she has done more good than many.
I am betting on Kansas
has any other admin been so hell bent on suing and interferring with states rights?
Since the New Deal the states have agreed to act more or less like bureaus of the central government rather than individual and separately constituted political entities.
Kansas to Holder, “Get Bent.”
Yup. Thus many of the current problems.
The list, Ping
Let me know if you would like to be on or off the ping list
I was under the impression that another of the divided powers of the Federal Government "decides" what is Constitutional and Un-Constitutional. The Court. Now part of the Executive falsely called the "Department of Justice" thinks it does.
Pawn’d and Bitch Slapped
SOC? Secretary of Candy?
yeah Holder you are wrong only the S Ct can declare the law unconstitutional and it has to go up the chain properly so stfu
Not particularly, no. Just vetoed a bill to allow use of Silver and Gold as currency in the state of AZ. She is not, and never was, a conservative.
So I can easily see how the courts could rule that guns made in Kansas, sold in Kansas and kept in Kansas could affect Interstate Commerce because Kansans would not need to buy from gun makers in other states - and find that those guns are subject to regulation on that basis.
only 2 minutes - pass it on after viewing. it is going viral ...
That is some letter! I look forward to our AG Abbott taking a similar tack with “Holder” (Ha - no “Mr., no Atty. Gen., just Holder).
Next thing ya know, eric the red holder will be trying to pull a sting on the State of Knasas, for defying his commie powers.
SCOTUS has been wrong so many times before.
Precedence can KMA. The abuse of the Interstate Commerce clause is a blatant power grab and it will some day result in the dissolution of the Union.
I don’t see Illinois governor Quinn doing something like this. In fact, it would not surprise me to see him invite Holder and federal posse to harass gun owners..
Only the King can decide what will survive Constitutional challenge, and what is legal or not.
And don't presume to know that what was legal and constitutional then is legal and constitutional now.
"That was a long time ago" is the new legal yardstick to measure relevancy. People said that Obama's words came with an expiration date. Now it is codified by his spokesperson.
You have to try, try and try again — not give up and knuckle under to the tyranny because you “suppose” you can’t win!
God Bless Kansas!
WOOOHOOOO! HOORAY Kris W. Koback! Thanks for the link to that very good thread (revisited), Jacquerie.
Constitutional BUMP! Federalists/anti-federalists BUMP! FReedom-sovereignty/slavery BUMP!
“The Obama Administration has repeatedly violated the United States Constitution the past four-and-a-half years. That abuse cannot continue.”
I used to be amazed at the hubris and unmitigated arrogance emulating from this White House...not any more...it's a daily occurance
They do actually believe they are above the law...
Great to see someone tell them to go pound and and be in their face about it..
Easy fix (though the ‘10’s-20’s SC decisions are for shit anyway)....Constitutional carry. No license, no permission, tell Fedzilla to F off
That SCOTUS decision was unconstitutional.
Is there a non-Scribd source for that letter? To have to have anything to do with the repulsive Facebook just to get a document is a revolting prospect.
The Governor should send an engraved invitation to Holder inviting him to come to Kansas personally and attempt to violate their new law. If he’s so sure it’s un-Constitutional he won’t mind being the test case personally.
The ATF is nothing more than a bunch of overweight pig state terrorists created to murder women, children and babies. The Nazi pig Holder runs that operation. Let’s not forget that George H W Bush defended these cowardly murderers.
Gee, and our Florida AG is busy trying to lynch a man in my county for defending himself against a black thug...because her attorney friend is representing the punks family.
Would like to trade Kansas for their AG.....I will throw in a RINO Amnesty Liberal Senator, too. My AG is kinda pretty too