Joe Doakes from Como Park emails:
The Constitution of the United States says Congress shall not infringe the peoples’ rights.
Congress passes a law infringing those rights.
The Kansas state legislature says they won’t honor that that law infringing their rights and furthermore, they’ll arrest anybody who tries to enforce it.
The Attorney General of the United States says the Supremacy Clause makes Congress’ law more powerful than Kansas rights and threatens a lawsuit if Kansas interferes with federal agents infringing Kansans’ rights.
I find it deeply ironic that the highest federal law enforcement official waves the Constitution as his authority to violate the Constitution.
Joe Doakes
I think it qualifies as “irony” at the very least.
I highly encourage this sort of behavior. The federal government’s laws are invalid if they violate the constitution in the first place.
Montana and South Carolina (as well as at least one other state which I can’t recall) have passed laws that declare any weapon wholly produced in their states, for consumption within the state, exempt from any federal regulation. Yes, they have finally found a valuable use for the 10th amendment.
Further, after South Carolina has already just said “no” to bammycare, the house of reps has passed a bill making implimentation a crime. Passage in the Senate is assured.
The Supremacy Clause does not apply to any Federal law that exceeds Congress’ enumerated powers, as this clearly does.
SB102 refers to firearms that are made in Kansas, declared as such and which never leave the state. Hence, they cannot be regulated as interstate commerce and the Federal government has no power whatsoever to regulate them by contravening the Second Amendment.
Kansas Secretary of State Kris Kobach has made this wonderfully and deliciously clear in a statement aimed at the Department of Just-Us. It can be found here.
http://www.scribd.com/doc/139146961/Kansas-Secretary-of-State-Kobach-Responds-to-Eric-Holder