I Eric Holder, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God
The letter comes in response to SB102, a Kansas bill that states the following.
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
Eric Holder, by oath, should have sent a letter of support to Sam Brownback and the State of Kansas. After all, if any federal agent or agency violates the second amendment, the States can indeed choose to ignore the enforcement of such a violation. Holder’s letter does the opposite. The letter presents a clear and present threat to the state should Kansas decide to abide by the tenth amendment. Here is the letter in full.
The Tenth Amendment Center rips Holder apart with a response of their own. As they should. Holder’s letter appears to be a declaration of war on the tenth amendment and they know it.
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.
If the Attorney General’s office is unwilling to enforce the tenth amendment, and instead looks to force states to allow it to be violated, what’s the point of the AG office to begin with?
Kansas Secretary Of State Reads Eric Holder’s Threat, Responds With Verbal Body Slam
Eric Holder may think he can operate as Sheriff of Nottingham for King Obama when it comes to pushing states around, but Kansas is proving it will not be bullied. In fact, Kansas is basically telling the federal government to pound sand when it comes to federal gun control.
Above we reported on Eric Holder’s threatening letter to Kansas Governor Sam Brownback. The letter came as a response to the passage of SB 102. Holder is telling Kansas the bill is unconstitutional. Here’s a summary of the bill.
SB 102 establishes the Second Amendment Protection Act.
First, the bill excludes from federal regulation any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas. The bill provides that for as long as any such personal firearm, firearm accessory, or ammunition remains within the borders of Kansas, it is not subject to any federal law, regulation, or authority.
Second, the bill prevents any federal agent or contracted employee, any state employee, or any local authority from enforcing any federal regulation or law governing any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas, provided it remains within the borders of Kansas. In the process of a criminal prosecution, the bill precludes any arrest or detention prior to a trial for a violation of the Act.
Finally, the bill allows a county or district attorney or the Attorney General to seek injunctive relief in court to enjoin certain federal officials from enforcing federal law 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.
At the time of posting Holder’s letter, I missed the response letter sent by Kansas Secretary of State Kris Kobach. The response is blistering and basically tells Holder to pound sand. But Kobach doesn’t just show Holder the door while explaining to him that he doesn’t know what he’s talking about, he actually brings up Holder’s gun-walking program in the “fast and furious” scandal. Here is Kansas Secretary of State Kris Kobach letter in full.
Talk about a verbal rebuke and body slam!