Sunday, May 05, 2013

The War Between The DOJ And The State Of Kansas

The War Between The DOJ And The State Of Kansas
Attorney General Eric Holder is throwing the full weight of the Department of Injustice at the Governor of Kansas.  But the problem here is - Eric Holder doesn’t care or know the Constitution, he kind’a sort’a makes it up as he goes along. Typical despotism!

By de Andréa
May 5, 2013

Recently, the Kansas legislature passed and Governor Brownback signed into ‘Kansas law’ a rather watered-down version of the Second Amendment Protection Act and federal nullification bill.  The gist of it was that federal or state agents attempting to enforce unconstitutional gun laws on Kansas-manufactured firearms would face arrest and prosecution for felony violations.  It may have been watered down, but it offended the Attorney General Eric Holder enough so that he found it necessary to issue a “Fast and Furious” response from the DOJ Gestapo Headquarters.  Here’s what he wrote in part in a letter to the Kansas State Governor:   “In purporting to override federal law and to criminalize the official acts of federal officers, your SB102 directly conflicts with federal law and is therefore unconstitutional.  Under the Supremacy Clause…the state of 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 Kansas SB102 conflicts with federal firearms laws and regulations, federal law supersedes this new statute; all provisions of federal laws and their implementing regulations therefore continue to apply.”

Well…It’s hard to know what to say about this ignorant disgrace of constitutional interpretation.  First, my dear robotic Attorney General, where does the Constitution give the federal government any authority to regulate any firearms in any way, any where?  Answer…It doesn’t, and that’s why anything the feds do with respect to so-called gun control, no matter how well-intentioned, is in fact unconstitutional at its very fundamental core.  This is what the Kansas bill is trying to confirm…  This is what the little known 10th Amendment in the constitution is about:  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  You can’t get much clearer than that Eric!  There is no power delegated to the federal government to regulate any guns in any way, any where or at any time.  Nor is any such law prohibited by the Constitution from being enacted by any or all of the many the states.

And then Holder has to bring up the Supremacy Clause.  We’ve been through all this many times before.  The Supremacy clause does not apply to unconstitutional Federal law.  He seems to think that whatever the ‘feds’ do is authorized by the very nature of it being from the Gestapo.  But that’s not what the so-called Supremacy Clause says.  It’s taken from Article VI of the Constitution:   “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”  [Emphasis mine]  Well my friend…we’ve already established that any federal law restricting or regulating firearms is unconstitutional, because the Constitution does not grant the feds any such authority, anywhere in the document.  If the federal government is enacting laws and creating agencies in direct opposition to what the Constitution says, they are the ones in violation.  They are the ones that are unconstitutional.  And the Supremacy clause doesn’t apply to illegal unconstitutional directives or statutes period.

And since the Constitution doesn’t grant these authorities to the dictator of the Gestapo Regime of Obama, and since it doesn’t prohibit states from enacting these laws, on the matter of gun control, the states are sovereign under the Second, Ninth and Tenth Amendments to U.S. Constitutional law.  And on top of that, the Constitutional law in question, the 2nd Amendment says it “shall not be infringed.”     (IN ANYWAY BY ANYONE AT ANY TIME)  So as usual the criminal feds are completely wrong on all accounts.  I don’t know if it is ignorance or just plain political flatulence.

Governor Brownback responded to Holder (in part):
 “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…”  Oh Yeah!

THE BOTTOM LINE:  You can help…Right now; Governor Brownback needs encouragement not to back down from the tyranny of the Obama Regime.  He can be reached here by e-mail. Kansans can reach him at 785-296-3232.  And here’s his address:
Office of the Governor
Capitol, 300 SW 10th Ave., Ste. 241S
Topeka, KS 66612-1590

Thanks for listening – de Andréa   

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