Last
week, Obama’s Attorney General Eric Holder sent a letter to Governor Sam
Brownback informing the Governor that Kansas S.B. 102, The Second Amendment
Protection Act, was unconstitutional. Here is a brief quote from the
letter:
“In
purporting to override federal law and to criminalize the official acts of
federal officers, S.B. 102 directly conflicts with federal law and is therefore
unconstitutional.”
Kris
W. Kobach, Kansas Secretary of State, was quick to respond. Here is an excerpt
from his official statement:
“On
April 26, 2013, U.S. Attorney General Eric Holder sent a letter to Kansas
Governor Brownback concerning SB 102, the Second Amendment Protection Act. In
that letter, Holder declares SB 102 to be unconstitutional and suggests that
federal officials will disregard it. Holder’s understanding of the United
States Constitution is incorrect.
As one of
the co-authors of SB 102 and a former professor of constitutional law, I
ensured that it was drafted to withstand any legal challenge. SB 102 states
that a firearm that is assembled in Kansas, that is stamped “Made in Kansas,”
and that never leaves the State of Kansas is not subject to regulation by the
federal government. It was drafted with the intent to assert Kansas’s authority
as a co-equal sovereign under the United States Constitution to regulate a
matter that is outside Congress’s jurisdiction under the Interstate Commerce
Clause of Article I, Section 8. It was also drafted to stave off
unconstitutional legislation pending in Congress that not only infringes upon
the Second Amendment rights of Kansas Citizens, but also exceeds Congress’s
constitutional power to regulate interstate commerce.”
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