US Attorney General Letter to Kansas Governor

[indyjack]

Yes, federal law overrules state law... But only if its constitutional to begin with. Gun control isn't.

there's a great book called "The Tempting of America" by the late Robert H. Bork, about the constitutionality of federal laws, written in a chronological historical way. a must read for constitutionalists! most federal law is unconstitutional... won't stop em...

 

[Double T]

Didn't realize Holder was appointed to the US supreme court. He's acting a bit beyond the scope of his own legal authority deciding what's constitutional.

 

[ekg98]

I see that similar legislation has been introduced in Indiana. Whats the possibility of it passing? Looks like its been denied a vote 3 years so far.

 

[GodFearinGunTotin]

apparently this is the letter from Kansas' Sec of State to the US Attorney General

I lurve this...(A little JetGirl lingo, there).

Turning back the modern interpretation of the "commerce clause" and reasserting the supremacy of the 10th amendment...It's about time.

 

[cobber]

Didn't realize Holder was appointed to the US supreme court. He's acting a bit beyond the scope of his own legal authority deciding what's constitutional.

Attorneys general can always issue an opinion on what's constitutional. Just like Det. Joe Friday can. It's entitled to limited deference, and has no precedential value.

The question here is who is entitled to assert the 10th A. and whether the federal government is the final arbiter of what flys.

I would hesitate to suggest that the entire federal court system might be unconstitutional, since it is actually a creation of Congress and not the Constitution.

Judiciary Act of 1789 - Wikipedia, the free encyclopedia

So do the federal courts fall under Article I or Article III of the Constitution? (Aside from the SCOTUS that is).

Did the founders envision the federal court system we have now, or appellate review? There is far more authority for the 2d A as we understand it than for the 9th Circuit Ct. of Appeals.

Maybe it's time to repeal the Act and subsequent enactments?

 

[jwh20]

So this begs the question:

"Is a law which is unconstitutional really unconstitutional when it make an unconstitutional act illegal?"

Interesting legal question. It seems to be that Mr. Holder may be bluffing here since taking something like this to court is quite likely to raise the kinds of questions that the US Govt. doesn't want decided by a court.

 

[cobber]

So this begs the question:

"Is a law which is unconstitutional really unconstitutional when it make an unconstitutional act illegal?"

Interesting legal question. It seems to be that Mr. Holder may be bluffing here since taking something like this to court is quite likely to raise the kinds of questions that the US Govt. doesn't want decided by a court.

Holder taking this to the courts might have an outcome similar to that Florida got when it took the Jardines case to the supremes. Unintended consequences...

http://www.supremecourt.gov/opinions/12pdf/11-564_5426.pdf

If nothing else, Holder may be cutting the herd into sheep and not-sheep, as the Blue states line up to be the most obedient lackeys, and the Red states pass laws like these.

Gun control may soon be the least of Barry and Ricky's concerns.

 

[Expat]

If Holder was seriously concerned with protecting the Constitution, he would write to the state of New York, advising them that the gun confiscations are unconstitutional and the full force of the federal government would be used to prevent them from occurring.

 

[Manan]

Loved Kansas response. Bully's usually get their way until someone stands up to them.

 

[cobber]

If Holder was seriously concerned with protecting the Constitution, he would write to the state of New York, advising them that the gun confiscations are unconstitutional and the full force of the federal government would be used to prevent them from occurring.

I'm going to look outside and see if the pigs are flying yet... nope.

 

[Expat]

I'm going to look outside and see if the pigs are flying yet... nope.

But the one of the primary purposes of government is to protect our rights... so if government has become destructive to that end... that really is a conundrum isn't it?

 

[Bill of Rights]

Not the same thing in the slightest. Just because something that's illegal at the federal level isn't illegal at the state level doesn't mean it defies federal law. It just means the state won't charge or prosecute at the state level, it does not prevent the feds from arresting and prosecuting at the federal level.

So what happens when a state decides the income tax is unconstitutional and that withholding or paying federal income tax is an arrestable offense? Or when a state decides that DOMA is illegal and threatens to arrest military members on bases in their state for not granting marriage equality to gay service members?

Just because you like this one use of the legal catch-22 surely doesn't make it a good policy. The "other side" gets to use it, too.

Who is John Galt?

 

[cobber]

Why didn't Holder write the same letter to NY, CO, CT and MD legislatures? Fed law trumps State law. Even when there's not actually a fed law yet. Right, Herr von Holder?

 

[cobber]

Why didn't Holder write the same letter to NY, CO, CT and MD legislatures? Fed law trumps State law. Even when there's not actually a fed law yet. Right, Herr von Holder?

How can those three States violate the 2d Amendment and get away with it?

 

[arthrimus]

If I am understanding this correctly, if these laws hold up in court then NFA regulations, the 1968 GCA, and 1986 FOPA could be skirted within the states where such weapons are manufactured? This of course assumes that those individual states do not implement their own laws against such things. This could be an incredible win for state sovereignty.

 

[kludge]

Gov of Kansas should write a letter to Holder saying:

Then he should let him take it. And then file suit.

 

[phylodog]

Gov of Kansas should write a letter to Holder saying:

Then he should let him take it. And then file suit.

I was thinking an official letter which simply reads:

"Bring it"