Attorney General Eric Holder has written to Kansas Governor Sam Brownback (shown), informing him that the Obama administration considers state attempts to protect the Second Amendment “unconstitutional” and that federal agents will “continue to execute their duties,” regardless of state statutes to the contrary.
The letter, dated April 26, specifically references a Kansas statute recently signed into law by Brownback that criminalizes any attempt by federal officers or agents to infringe upon the Second Amendment rights of citizens of the Sunflower State. Section 7 of the new law declares:
It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States to enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States 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. Violation of this section is a severity level 10 nonperson felony.
The right of states to refuse to enforce unconstitutional federal acts is known as nullification.
Nullification is a concept of constitutional law recognizing the right of each state to nullify, or invalidate, any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the Constitution.
Nullification exists as a right of the states because the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.
As President Obama and the United Nations accelerate their plan to disarm Americans, the need for nullification is urgent, and liberty-minded citizens are encouraged at the sight of state legislators boldly asserting their right to restrain the federal government through application of that very powerful and very constitutional principle.
Both Attorney General Holder and President Obama are trained lawyers, so one would expect that they have read the Federalist Papers. In fairness, they probably have, but perhaps they overlooked Federalist, No. 33, where Alexander Hamilton explained the legal validity of federal acts that exceed the powers granted to it by the Constitution. Hamilton wrote:
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