KS Gov. Brownback signs 2A Freedom Act! AG Holder whines w/Idiotic Threat: Call, to SUPPORT Kansas!Submitted by AnCapMercenary on Thu, 05/02/2013 - 12:24
Please let our Kansans know we support them and ask the Governor and the Legislature to stand firm! And, tell the Fast & Furious Felon Holder to bugger off!
CALLS (for Kansans only) 785-296-3232
Mail (rest of the country)
Office of the Governor
Capitol, 300 SW 10th Ave., Ste. 241S
Topeka, KS 66612-1590
Via Michael Boldin @ 10th Amd. Ctr.:
Posted by Michael Boldin
On Thursday, Kansas Governor Sam Brownback received a letter from Federal Attorney General Eric Holder threatening action against the state should it enforce SB102 which Brownback signed into law last month.
The new law states, in part:
Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas
The bill also provides for criminal penalties against federal agents who attempt to enforce specific federal laws on guns manufactured in the state of Kansas and sold within the state – as the state takes the position under the new law that the federal government does not “interstate commerce” authority over such items.
In his letter, Holder didn’t take too kindly to such a proposition. He wrote:
“In purporting to override federal law and to criminalize the official acts of federal officers, SB102 directly conflicts with federal law and is therefore unconstitutional.”
He continued, “Under the Supremacy Clause…Kansas may not prevent federal employees and officials from carrying out their official responsibilities. And a state certainly may not criminalize the exercise of federal responsibilities. Because SB102 conflicts with federal firearms laws and regulations, federal law supercedes this new statute; all provisions of federal laws and their implementing regulations therefore continue to apply.”
Let’s take Eric apart here.
1. Kansas is NOT purporting to criminalize the exercise of constitutional federal responsibilities. On the contrary, the bill criminalizes what the state has determined is unconstitutional. It is the position that such federal acts are indeed a violation of the Constitution. No matter how much Eric might believe it to be otherwise, his view is obviously not universal – especially in Kansas.
2. The Supremacy Clause. Holder takes the position that all tyrants do – that everything they do is authorized, anything to the contrary – worthless. But Holder is wrong. The Supremacy Clause doesn’t say that “any law in conflict with federal law” is void. It says that only those laws “in pursuance” of the constitution are supreme. The new Kansas legislation, again, takes the position that such federal acts are not constitutional, and therefore not supreme.
3. Historical Precedent. The 1850 Fugitive Slave Act was a federal law that basically required all states in the north to act as slave catchers for black people claimed as property in the South. It’s one of the most disgusting acts in American history. A number of northern states passed laws similar to the new Kansas law, criminalizing federal agents for attempting to kidnap people in their states. Although the feds still claimed the same kind of authority that Eric Holder has claimed today, they didn’t have the manpower to enforce. Read more about that here. As an aside, if Holder would like to take the position that such resistance to federal slave laws was wrong, he’s welcome to publicly state that.