Well, this is getting interesting.
First, a little background. Back in April Kansas passed the Second Amendment Protection Act (SB 102).
This bill was meant to protect the Second Amendment rights of the Kansas citizens from new federal gun control laws and would actually make it illegal to enforce those laws within the state of Kansas.
Here is the description of that bill from the official legislation:
First, the bill excludes from federal regulation any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas. The bill provides that for as long as any such personal firearm, firearm accessory, or ammunition remains within the borders of Kansas, it is not subject to any federal law, regulation, or authority.
Second, the bill prevents any federal agent or contracted employee, any state employee, or any local authority from enforcing any federal regulation or law governing any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas, provided it remains within the borders of Kansas. In the process of a criminal prosecution, the bill precludes any arrest or detention prior to a trial for a violation of the Act.
Finally, the bill allows a county or district attorney or the Attorney General to seek injunctive relief in court to enjoin certain federal officials from enforcing federal law regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.
Well, as you can imagine, the Obama administration didn’t like that too much.
So, Eric “Fast and Furious” Holder, decided to send a little letter to Kansas.
Here’s that (click to enlarge):
Here is where things get interesting.
On Thursday, Kansas Secretary of State Kris Kobach, fired back at er. The general gist of the message was, “You’re wrong. You don’t understand the Cons ution. Bring it on.” I’m paraphrasing a bit there, so here is the full letter (click to enlarge):
Kobach doesn’t just go after the current administration in his open letter. He actually calls out the entire federal government for decades of abusing its power and overstepping its bounds.
This part highlights his thoughts on that matter:
“For the past 80 years, Congress has used the interstate commerce power as a conduit for asserting regulatory authority over numerous specific subjects that have nothing to do with interstate commerce – including firearms. While some federal regulations of firearms are permissible exercises of the interstate commerce power, others clearly are not. One of the things that the federal government cannot do is regulate firearms that have never travelled in interstate commerce and that have no substantial effect on interstate commerce – firearms covered by SB 102.”
I guess ball is in your court Holder.
Woohoo name drop Holder and say 'CONS UTION.' You already had the rednecks in your back pocket, Mr. Secretary. Until the GOP starts trying to appeal outside of their base their authority is going to erode. A whole lot of the rich white folks are dying off. Trotting out a black surgeon and a Cuban as spokespeople ain't gonna do it.
That's a strong bet by Kansas, but South Carolina raises.This bill was meant to protect the Second Amendment rights of the Kansas citizens from new federal gun control laws and would actually make it illegal to enforce those laws within the state of Kansas.
Between this and the Sanford election win, South Carolina is having a pretty strong week in the red team power rankings. No doubt Perry and Greg Abbott are looking for a way to raise the bar even further.The South Carolina state House passed a bill Wednesday that declares President Obama’s Patient Protection and Affordable Care Act to be “null and void,” and criminalizes its implementation.
Yeah, that never worked before.
Nice try though. Will probably get some folks reelected for "standing up" to mean ol' Washington DC.
It ain't mean ol' Washington DC, it's standing up to proposals. Left/Right are full of them. I wish everyone had the balls to call bull bull .
2nd Amendment!
Cons ution!
ing redneck Kansas!
2nd Amendment!
Cons ution!
ing redneck Kansas!
2nd Amendment!
Cons ution!
ing redneck Kansas!
I want someone to mention Tim McVeigh and OKC to Eric Holder.
Marxists like Obomba and his nominees simply don't care about the cons ution.
Last edited by Wild Cobra; 05-09-2013 at 08:14 AM.
It is interesting that the letter came from Kobach who is the Secretary of State and not the AG for Kansas. I will way this, I know Kobach personally and he is a very bright. He went to Yale for law school and received a masters from Oxford. He taught cons utional law and I have spoken with him specifically regarding the interstate commerce clause. His argument is interesting though I think he loses if they litigate against the federal government. The real question Kansas needs to ask is if they are ready to swallow a couple hundred thousand dollars to litigate this law. Its a lot of tax payer dollars if they are trying to be fiscally conservative, not sure it is the fight you want to pick.That's a strong bet by Kansas, but South Carolina raises.
Between this and the Sanford election win, South Carolina is having a pretty strong week in the red team power rankings. No doubt Perry and Greg Abbott are looking for a way to raise the bar even further.
Seems Holder did just that to Kansas' proposal
a red state governor throwing red meat to the base..shocking!..
" I know Kobach personally and he is a very bright."
Kobach's Lawyer Beat Up By Kansas Supreme Court In Senate Race Case
Kansas Secretary of State Kris Kobach's refusal to remove Democratic Senate nominee Chad Taylor from the ballot came under harsh scrutiny Tuesday from the Kansas Supreme Court, with some of the justices openly wondering whether the Republican official was arbitrarily applying the law.
At stake is whether Taylor, who attempted to withdraw earlier this month, will have his name appear on the ballot in November. That decision could swing the race between independent candidate Greg Orman and Republican in bent Sen. Pat Roberts -- which could in turn decide which party controls the Senate next year.
The case hinges on whether Taylor adequately declared that he was "incapable" of serving if elected, as required by state law, and what discretion Kobach has to accept or refuse Taylor's attempted declaration.
Much of the oral arguments focused on a trove of previous withdrawal letters filed by Kobach's lawyers the day before the hearing. A number of the letters, some of which were accepted by the secretary's office, seemed to be largely in line with the letter filed by Taylor earlier this month. Some of them also had not been properly notarized, though they were still accepted by Kobach's office. The resulting questioning centered on how much discretion Kobach has in applying the law.
"It seems pretty loosey goosey. What are we to do with that?"
Justice Dan Biles said to Kobach's lawyer Ed Greim. "It seems like
the legislature put some requirements in the statute, and you guys are deciding whether you want comply or not on an ad hoc basis almost."
http://talkingpointsmemo.com/dc/kans...+%28TPMNews%29
iow, No Law Is Above The Man
" He went to Yale for law school and received a masters from Oxford."
Krazy Kruz went to Harvard, and look how ing ed up his politics is. Politics trumps the law, trumps education.
New PPP poll in Kansas shows the screws tightening on the worst secretary of state in the nation
PPP last checked in on this race a month ago and Kris Kobach, the worst secretary of state in the nation, had a 5-point lead on his Democratic challenger Jean Schodorf.
Today's PPP polling shows the race is now a dead heat:
The candidates for Secretary of State are Republican Kris Kobach and Democrat Jean Schodorf. If the election was today, who would you vote for?
Kris Kobach .................................................. .. 43%
Jean Schodorf.......................................... ....... 42%
Undecided......................................... .............. 15%
The latest SurveyUSA poll showed Jean Schodorf with a 3-point lead and both polls reflect momentum on the Democratic challenger's side.
http://www.dailykos.com/story/2014/0...k?detail=email
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
Reply With Quote
