Holder Threatens Kansas Over New Gun Law

Discussion in 'News / Current Events' started by Revmitchell, May 2, 2013.

  1. Revmitchell

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    Feb 18, 2006
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    ...Michael Boldin, founder of the Tenth Amendment Center, pointed out the flaws in Holder's reasoning at Right Side News:

    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.

    There is also a precedent to fighting federal gun control laws and winning.

    After the Brady bill was signed into law in the nineties, Arizona Sheriff Richard Mack sued the Clinton administration claiming the federal government had overstepped its bounds. The case found its way to the U.S. Supreme Court, and Sheriff Mack won.


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