Kansas Secretary of State to Eric Holder: Stay Out of Kansas – You Don’t Understand the Constitution

thegatewaypundit.com ^ | 5-7-2013 | Jim Hoft

[servo1969]

Kansas signed the Second Amendment Protection Act (SB 102) into law last month.
The bill protects gun owners from from new federal gun control laws and would actually make it illegal to enforce those laws within the state of Kansas.

Eric Holder threatened Kansas last week calling the new state law unconstitutional.

In response Kansas Secretary of State Kris Kobach, fired back.
The general gist of the message was, “You’re wrong. You don’t understand the Constitution. Bring it on.”

Via Guns Save Lives:



Kobach insisted the State of Kansas was determined to restore the Constitution to protect the right of its citizens to keep and bear arms.
So far, Holder has not responded.

[MrB]

There IS an ammo factory out that way.

[Old Yeller]

As a Kansan, I can tell you that Kris Kobach is awesome! We are fortunate to have him.

[babygene]

“Any gun purchased in Kansas, made in Kansas, has an effect on interstate commerce because it would have been bought from an out of state manufacturer if it wasn’t bought in Ks.”

No, because it would have been unavailable outside Kansas. Especially if it has a unique model number...

[MrB]

Leave it to Kobach to think of that as well.

[ClearCase_guy]

It would be an interesting court challenge. In effect, the US Attorney General would be trying to argue that everything is necessarily "interstate" commerce and that "intrastate" commerce is essentially impossible.

I think that will be a bridge too far for any court.

[ExCTCitizen]

Eric Holder threatened Kansas last week calling the new state law unconstitutional.

Eric, you and the whole government of the Kenyan is UNCONSTITUTIONAL!!

[0.E.O]

And Kris Kobach’s part in this as Secretary of State is what exactly?

[IYAS9YAS]

Texas: The Texas House has just passed 12 gun laws (I think it is 12) that guarantee us the right to bear arms and keeps the federal government out of our business. Any federal officer who tries to take a citizen’s gun, will be arrested and put in jail and fined.

Anything allowing open carry?

[Walmartian]

The feds will claim the steel for the barrel came from Pittsburg, PA.

[Marcella]

“Anything allowing open carry?”

No. There is one that allows concealed carry in colleges. A few Democrats didn't like that one, but it passed by a large majority. The rest of the bills passed by voice approval. Two or three of those bills lower the time requirement in class to get a concealed carry license. Now, these bills go to the senate.

[Pollster1]

Not true. If Kansas permits the production of weapons that are otherwise banned by Federal law then they will be uniquely available in Kansas and not anywhere else. This cleverly obviates Wickard v. Filburn.

Not true (or that is what the thug and his minions will argue). Since a short-barrel rifle, an "assault rifle" complete with bayonet lug and threaded barrel, and a pistol with a second grip all substitute for interstate firearms, they do (perhaps) affect interstate commerce. The good news is that this may give us a chance to challenge Wickard v. Filburn, one of the worst decisions by the Supremes that has not yet been overturned.

[andyk]

Not only that, but the fedguv holds that intrastate commerce which substantially affects interstate commerce can also be regulated.

Scalia really screwed up with Gonzales v Raich. Maybe he’ll have a chance to redeem himself.

[Cletus.D.Yokel]

“The Department of Justice will no longer prosecute violations of the Defense of Marriage Act (DOMA) as the Executive Branch has determined DOMA to be unconstitutional.”

Quote 1: Well, ! HELLO ! Marbury v. Madison.

Quote 2: Kansas has made their decision, let Kansas enforce it!

M R Cletus Quotes

[mykroar]

Kobach is excellent. He’s also the one that helped write Arizona’s immigration law. Unfortunately, of course, the courts just ignored the law when they ruled.

[treetopsandroofs]

“Rhetorically, why aren’t these people in jail already where they should be?”

More than half of American voters and all their stooges in office still mindlessly defend this administration whenever it’s called out for anything.

[Ken H]

If Kansas permits the production of weapons that are otherwise banned by Federal law then they will be uniquely available in Kansas and not anywhere else. This cleverly obviates Wickard v. Filburn.

If only that were true. The Raich case, which was cheered by FR's drug warriors, closed that avenue.

Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers.

Justice Thomas, dissenting in Raich.

[hmmmmm]

Kris Kobach was also a principal drafter of Arizona’s illegal alien law.

http://www.washingtontimes.com/news/2010/apr/28/arizona-acts-as-washington-dithers/

http://www.kriskobach.org/

[Pollster1]

Kansas Secretary of State Kris Kobach to Holder, Obama, and other petty tyrants:

[Ken H]

Not only that, but the fedguv holds that intrastate commerce which substantially affects interstate commerce can also be regulated.

It's worse than that:

Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.

J. Scalia, concurring in Raich

[TigersEye]

Beotch slap to Eric "the Red!" LOL

Stay out of Kansas, ya stinkin' commie!