I love it when Bambam’s pit bull poodle get’s off his leash. He sent a snotty letter to Kansas Governor Sam Brownback claiming the law they just passed to bar feds from enforcing gun laws is unconstitutional and they would sue to prove it. But like many of Obama’s hench men, he forgets that the federal law itself is unconstitutional thus making any action by Federal Agents quite lame and a crime. After Fast & Furious, what makes him think he deserves any respect.
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. Kansas’s law became effective April 25.
Mr. Holder wrote that federal authorities “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.” Read more here at The Gateway Pundit
Does Holder have a leg to stand on? Not according to The Tenth Amendment Center.
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. Read the rest here
Copy of Holders letter.
Click to biggie size.
