May 4 2013

KS Guv Brownback Pushes Back Against Holder’s Tyranny – Well Sort of, But Not Really

by Bob Adelmann

Governor Sam Brownback

Governor Sam Brownback

Yesterday I opined that I could hardly wait to see what would happen following Eric Holder’s letter to Kansas Governor Sam Brownback over the new Kansas law nullifying federal attempts at gun control in Kansas.

I didn’t have to wait long! Here is Brownback’s response:

May 2, 2013

Attorney General Eric Holder

Office of the Attorney General Washington, DC 20530

Dear Attorney General Holder:

The State of Kansas is in receipt of your letter in which you place Kansas on notice regarding the view of the Obama Administration concerning the state’s Second Amendment Protection Act.

The right to keep and bear arms is a right that Kansans hold dear.  It is a right enshrined not only in the Second Amendment to the United States Constitution, but also protected by the Kansas Bill of Rights.  The people of Kansas have repeatedly and overwhelmingly reaffirmed their commitment to protecting this fundamental right.  The people of Kansas are likewise committed to defending the sovereignty of the State of Kansas as guaranteed in the Ninth and Tenth Amendments to the United States Constitution.

The state’s Second Amendment Protection Act, which expressly restates our commitment to these rights, was approved by wide, bi-partisan margins in the Kansas Legislature.  The measure was adopted by a vote of 35 to 4 in the Kansas Senate with the Democrat Senate Minority Leader supporting the bill.  The measure was adopted by a vote of 96 to 24 in the Kansas House of Representatives.  Again, the Democrat House Minority Leader voted for the bill.  This is not a partisan issue in Kansas.

The people of Kansas have clearly expressed their sovereign will.  It is my hope that upon further review, you will see their right to do so.

Sincerely,

Sam Brownback, Governor

From my perspective this is far too weak a response. That’s why Brownback is Kansas’ governor, and I’m not. My letter to Eric Holder would be based upon my understanding that he is assisting the president in his transformation of the United States from a republic into a dictatorship (see Trevor Loudon’s Barack Obama and the Enemies Within, see especially pp. 259, 270, 315, 377):

Mr. Attorney General:

We have received your outrageous letter stating that you intend to order federal officers to enforce unconstitutional laws in my state.

We welcome them. We have just the place for them: our El Dorado Correctional Facility.

Sam Brownback, Governor

For a much more reasoned response, I refer you to an excellent article by Joe Wolverton, a constitutional lawyer who writes for The New American magazine. He explains why Holder is off base, and explores the Supremacy Clause with great clarity.

Me? I just want to get it on with this thug.

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A graduate of Cornell University and a former investment advisor, Bob is a regular contributor to The New American magazine and blogs frequently at www.LightFromTheRight.com, primarily on economics and politics. He can be reached at badelmann@thenewamerican.com.


May 3 2013

AG Eric Holder To Kansas – Don’t Dare Defy My Tyranny, Or Else

by Bob Adelmann

Attorney General Eric Holder

Attorney General Eric Holder

Professor Tom Woods wrote Nullification: How to Resist Federal Tyranny in the 21st Century back in June 2010 which got a lot of attention – a lot of it favorable, some not so – because it spelled out the constitutional protections against an overreaching federal government.

Some folks in Kansas decided to go for it and passed a law which contained this language:

It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States, to enforce or attempt to enforce, any act, law, treaty, order, rule or regulation of the government of the United States regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas. Violation of this section is a severity level 10 nonperson felony.

Let’s look at that again:  It is now “unlawful” for “any official, agent or employee” of the federal government “to enforce or attempt to enforce any law…” regarding firearms in the state of Kansas.

This is called throwing down the gauntlet.

Attorney General Eric Holder has picked it up.  Here is the relevant part of a letter he just sent to Kansas Governor Sam Brownback:

In purporting to override federal law and to criminalize the official acts of federal officers, [your law] directly conflicts with federal law and is therefore unconstitutional…

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 … will continue to execute their duties to enforce all federal firearms laws and regulations.

Moreover, the United States will take all appropriate action, including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing federal law.

I’m waiting for the next shoe to drop. Let’s see what happens when a BATF agent is arrested in Kansas.

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A graduate of Cornell University and a former investment advisor, Bob is a regular contributor to The New American magazine and blogs frequently at www.LightFromTheRight.com, primarily on economics and politics. He can be reached at badelmann@thenewamerican.com.