Eric Holder, Kansas, and the 10th Amendment
Two good reads on the current tense situation between the sovereign state of Kansas and her Governor Sam Brownback and AG Eric Holder. We should be paying attention to this, as SC may have some 10th Amendment issues … if our legislators prove to have the guts to follow through with the will of the South Carolina people.
As we reported yesterday, U.S. Attorney General Eric Holder sent a letter to Brownback informing him that the Obama administration would ignore a new Kansas law nullifying federal gun control laws. Furthermore, Holder warned the governor that federal agents would â€śtake all appropriate actionsâ€ť to enforce federal gun control laws, calling the Kansas statute â€śunconstitutional.â€ť
In a response to Holder’s letter sent on May 2, Brownback defends his stateâ€™s right to protect its citizensâ€™ right to keep and bear arms as guaranteed by the Second Amendment.
â€śThe 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,â€ť Brownback writes. â€śThe 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.â€ť
In a stunning and unprecedented letter to a sitting U.S. Governor, federal Attorney General appears to be in open violation to his oath to office.
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
Check out Odom’s article at the link above which has a copy of Holder’s letter, and many links to supporting documents.
Here is a post at the Tenth Amendment Center containing Gov. Brownback’s response to Holder:
Today, Kansas Governor Sam Brownback sent a letter in response to Eric Holderâ€™s direct threat against the state for its new law, the 2nd Amendment Protection Act. It reads, in part:
The State of Kansas is in receipt of your letter in which you place Kansas on notice regarding the view of the Obama Administration concerning the stateâ€™s Second Amendment Protection Act.
This first sentence of Brownbackâ€™s letter is the most important. Holderâ€™s letter took the position that the new Kansas law is unconstitutional â€“ without question. And because of Holderâ€™s view that he is the decider of all that is constitutional or not in this country, he threatened the state â€“ and thus the People â€“ of Kansas.
Brownback showed quite a bit of savvy with that sentence. He absolutely brushed off Holder by pointing out that his letter only represented â€śthe view of the Obama Administrationâ€¦â€ť
Just because Eric Holder claims that the Kansas law is unconstitutional, doesnâ€™t make it so. And Holderâ€™s claim that he had no idea about â€śfast and furiousâ€ť probably doesnâ€™t make that so either.
Sam Brownback did a great service to the People of Kansas by reminding them that Holder is just sharing his opinion.