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  1. #11
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    Quote Originally Posted by Shotgun Jeremy View Post


    Sent while trying to concentrate on 6 things at once.
    He needs to re-read the Supremacy Clause.
    Don't mind me, I'm just making sure I'm on all of the watch lists.

  2. #12
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    Quote Originally Posted by Army 1911 View Post
    While what Holder says may be technically true, he cannot force the state LEOS to enforce unconstitutional laws either.
    Nope. Technically, the Supremacy Clause only applies to federal laws made "in pursuance" of the Constitution.

    This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
    Don't mind me, I'm just making sure I'm on all of the watch lists.

  3. #13
    Senior Member sonuvaTXgun's Avatar
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    Quote Originally Posted by Stumpy View Post
    "Better call Saul!"


    Sent from the mind of a genius. Forrealz.
    I laughed.


    "If they come for your guns, give them the ammo first."

    ”Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars.”

    Quote Originally Posted by Orbie View Post
    I just use my full auto Barret with tannerite tipped hollow points dipped in aids.


  4. #14
    Senior Member AcidFlashGordon's Avatar
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    "...in pursuance of the Constitution." Pursuance meaning consistent with the Constitution. That said, it could be construed that any laws affecting the Second Amendment rights are not consistent with the Constitution and can be challenged. But...there's always a "but"...these challenges would have to go through the federal courts, not individual state senates.

    Or, as noted in a case before the Supreme Court in 1982:

    Edgar v. MITE Corp., 457 U.S. 624 (1982), the Supreme Court ruled: "A state statute is void to the extent that it actually conflicts with a valid Federal statute." In effect, this means that a State law will be found to violate the supremacy clause when either of the following two conditions (or both) exist:

    1. Compliance with both the Federal and State laws is impossible, or

    2. "...state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress..."

    The operative word there is "valid." The validity of any laws affecting the 2nd Amendment rights of individuals could very well be brought up. Again, though, it would be through the federal court system, not state legislators.
    "A militia, when properly formed, are in fact the people themselves ... and include all men capable of bearing arms."
    Richard Henry Lee - 1788, Senator, First Congress

    "The Constitution shall never be construed to prevent the people of the United States, who are peaceable citizens from keeping their own arms..."
    -Samuel Adams

    Don't pick a fight with an old man. If he's too old to fight, he'll just kill you. ....and you can bet your ass I WILL kill you.....

  5. #15
    Senior Member General Zod's Avatar
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    If Colorado and Washington can vote to legalize pot - which is still illegal from a Federal standpoint - and have no repercussions, then states can point to that precedent (among others I've pointed out) to preserve the legality of firearms. The Feds under Obama are far too enamored with picking and choosing which laws to enforce. What's good for them is good for us.
    ---------------------------------------------------
    Kneel, son of Jor-El! KNEEL before ZOD!!!

  6. #16
    Senior Member General Zod's Avatar
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    On the flipside, Holder's interpretation of the Supremacy Clause could (and maybe should) be used to overturn unjust gun laws in Colorado, California, New Jersey, New York, and various other states. After all, if those weapons aren't illegal by Federal law, how can they be illegal in a state?
    ---------------------------------------------------
    Kneel, son of Jor-El! KNEEL before ZOD!!!

  7. #17
    SpaceCowboy/GangstaOfLuv Mexican_Hippie's Avatar
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    ...that's what she said?

    To echo others, the Supremacy Clause only applies to areas where the Federal government has Constitutional authority to operate. Laws made outside the Fed Govs enumerated powers are invalid on their face, no supremacy clause required. Of course, the courts screw that up all the time as well.

  8. #18
    Right Wing Extremist winchster's Avatar
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    Well...that didn't last long.

    Kansas responds.

    http://blog.tenthamendmentcenter.com...rotection-act/


    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 state’s Second Amendment Protection Act.
    What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?

  9. #19
    SpaceCowboy/GangstaOfLuv Mexican_Hippie's Avatar
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    And a statement from the Kansas Secretary of State. It is awesomeness. Double Viking points.

    Kansas Secretary of State Kobach Responds to Eric Holder

  10. #20
    Member inceptor's Avatar
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    Quote Originally Posted by winchster View Post
    Kansas responds.

    Sam Brownback Brushes off Eric Holder’s Opinions on 2nd Amendment Protection Act – Tenth Amendment Center Blog


    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 state’s Second Amendment Protection Act.
    My respect for Kansas has grown
    Texas will again lift it's head and stand among the nations. It ought to do so, for no country upon the globe can compare with it in natural advantages. Sam Houston

    “We are all born ignorant, but one must work hard to remain stupid.” - Ben Franklin

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