The Tenth Amendment Center – 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.
Eric capped off his letter by assuring the People of Kansas that the federal government will continue to enforce all federal gun laws. He wrote:
“I am writing to inform you that federal law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the United States Attorney’s Office…will continue to execute their duties to enforce all federal firearms laws and regulations.”
4. Manpower. That brings us to the most important fact, the federal government simply does not have the manpower to enforce all its laws already. The new Kansas law doesn’t just deal with firearms made within the state. It also bans all state and local agents from enforcing federal gun control measures. (learn about the bill in detail here). As Judge Andrew Napolitano has affirmed recently, such widespread noncompliance makes federal gun control laws “nearly impossible to enforce” (video here). So Eric can promise to enforce these federal acts all he wants. But if Kansas doesn’t help him, he might be able to get a 2% enforcement rate. Or, he’ll have to pull resources from other states.
WHAT SHOULD THE RESPONSE BE?
1. Hold the Line, and Tell Holder to buzz off. Seriously. This guy has been sending threatening letters to states around the country on medical marijuana laws for years (and so did his predecessors). In fact, those letters are often even more aggressive, threatening taking property or even criminal sanctions against state or local politicians. A letter last year threatened just that against the San Diego city council. (read it here) That community knows full well the threats that are constantly made against their liberties by Holder and his DOJ team. But they push on and keep doing what they believe is right. The People of Kansas need to stand strong in support of the 2nd Amendment and reject these threats from the DOJ.
2. Local resistance. Recognizing that manpower is a VERY serious problem for the feds, people in Kansas should be constantly reaching out to county, city and town elected officials to respectfully press them into passing local ordinances to ensure that no assets will be used to enforce federal gun control. Covering the states in ordinances that provide backup to the new state law will ensure that federal gun control will be “nearly impossible to enforce.”
LEARN MORE AND GET ACTION ITEMS HERE
3. Call Sam Brownback. Flood his phone line with messages of encouragement and support. Let him know that the people have his back – that’s how governors show courage. Brownback has a chance to act like a hero to the entire country. In fact, people all over the country should send him letters in support – he’s going to need all the help he can get.
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
(or email here)
4. Support efforts in other states. Kansas can’t do it alone. A similar bill is up for a signature in Alaska. Bills are moving forward in Missouri, Alabama and elsewhere. Every state and local community that does the same will make federal enforcement even more difficult, and eventually, the feds can pass all the “laws” they want, but they won’t have any effect.
Track and model legislation here: http://tracking.tenthamendmentcenter.com/2nd
JUST SAY NO!
The bad guys always talk tough, and they want to scare you into compliance . But the fact remains – they don’t have the manpower to carry out all their threats. Even with almost full state and local cooperation, there are now 18 states defying DC on marijuana prohibition. As two states – Washington and Colorado – legalize what the feds say is illegal, we’re watching the beginning of the end of federal dominance over the states.
On the right to keep and bear arms, people should follow the same path. Just say NO to Washington DC, and YES to liberty.
Eric Holder Threatens Kansas Over Gun Control Nullification
Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter – @michaelboldin, on LinkedIn, and on Facebook.
Hard to take Holder (or even Obama) seriously since both (and a legion of others) have been social promoted – quota hires ‘installed’ by the jews.
At lease Kansas has the balls to stand up for the constitution. I don’t see other states following suit. This may be just what we needed to stop this tyrannical BS. The only people who want a NWO are the ones who stand to gain the most from it. The people now in power.
Holder is welcome to try his luck in Texas. If the Federales won’t uphold the constitution, we will
Amen, brother! I’m from Austin, TX, and we don’t take this shit. Let ’em try and take our guns. They’ll never make it out alive.
I am starting to see Holder, Obama, Bloomberg, and others have pushed to far and are getting bigger and bigger resistance. They are all in violation of the Bill of Rights and our Constitution thus giving them traitor status. They made one big mistake by attacking the Constitution not realizing that we the people are saying enough is enough.
Scumbag holder, the revolution poster boy, says: “We’re gonna sue you Kansas, if you don’t let us commit treason and violate the 2nd Amendment in kansas.”
Maybe Kansas will be the 1st to secede, not Texas? Then every state except the commie 6 or 7 will bail. Then we clean out the trash, and reconstitute the Republic. A viable plan asserted by others. Then we get America back.
Hoping so.
Do not give in to the Bolshevik Style Communists.
I don’t own a gun and don’t plan on owning one but I am sick of the federal government imposing what they think the law should be when the constitution is the supreme law plain and simple.
Bloomberg can go drink a 32 oz. soda and go run a marathon. We don’t want his ilk in this country so please leave I will buy you the one way ticket.
Our country is tired, broke, and sick of these facists and their harvard economic business school models that send all the jobs to third world countries so they can pay slave wages and no benefits just so they all can play little hitlers and try to make soda legislation.
What is it going to be next. I can’t stay up past 10 o’clock or I can’t eat ice cream anymore because it is bad for me.
You know what is bad for me is these tyrants like Holder who think they are above the constitution. I would gladly take any 32 oz. soda over any of these tyrants any day. In fact I would make a deal if I quit 32 oz soda will all these useless tyrants please leave the country and go rule some third world country where they can own all the guns and have all the money they want along with all the 32 oz sodas.
Using the US Postal Service to send threatening letters is a felony.
Why not invite Holder to Kansas to visit and have him arrested?
““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.””
This bastard’s been sniffing so much of his cocaine that he doesn’t even know what’s Constitutional or unconstitutional anymore. Way to go, Eric. Every time I see you, I see more of your hair turning the same color as the cocaine you’re sniffing. You’ve lost it, buddy. Stay in your office, little boy. We’ll be coming for you, real soon. Just as soon as we finish making our hemp rope, you treasonous son of a bitch!
Phuque Eric The Murderer Holder and all his minions too!
This AG is grossly incompetent… and doesn’t even understand real federal law or the constitution. These guys have been playing in their sand box in the ivory tower for so long, they have altitude sickness, and are apparently unfit for office. They are playing on the gross ignorance of the American people of their own rights and liberties… “be afraid, be VERY afraid,” scenario. “We are the federal government… we can do anything, anywhere, to anyone.” Oh ya??? OK… pat, pat pat on their ol heads. They are making we, the People, their enemy because we stand for our rights and freedoms, and against their cancerous beastly blindness and rape of our republic. Yes, we ARE your enemy, federal government, in EVERY way that you are unconstitutional, lawless, treasonous, and domestic terrorists. Oh, yes, and by the way… thanks for the 2 billion rounds of ammo, the guns and armored vehicles we will be relieving you of when you come after 100 million Americans!!!
So it’s unconstitutional to override an unconstitutional law? Huh?
Kansas is NOT the only state… Colorado has 6 counties which have passed resolutions against gun grabbing unconstitutional laws, and many other states have the laws in the works. The fact is, we actually do NOT have to pass these laws… the law and constitution is already on our side. We are doing this to take the high road, and to make this a public issue to bring awareness to it, and to government encroachment into our sovereignty. The government is the CREATED, we, the People, are the “CREATOR,” so why do we believe they are in charge of anything except what we give them charge over? Create your own liberty zone, (libertyzone.org) and defend it with your own “County Guard” group. (thecountyguard.org), and we can take back our republic one county at a time.