Brian Nieves' Facebook Rant On States' Rights: Governor Is "B____ Slapping" Constitution


State Senator Brian Nieves. - VIA FACEBOOK
  • via Facebook
  • State Senator Brian Nieves.

Missouri State Senator Brian Nieves, who received a lot of attention earlier this year for his bizarre leaked e-mails to a constituent, regularly vents about his liberal colleagues and online followers in an over-the-top manner. On his Facebook and Twitter accounts, he frequently writes commentary on Missouri politics -- with his characteristically wacky capitalizations and exclamation marks -- but one post over the weekend was so odd we couldn't ignore it.

And Nieves (or someone on his staff) apparently thought it was controversial enough to delete it soon after posting (*see update below). But fear not! Daily RFT has screenshots.

In this latest Facebook rant, the Republican lawmaker says Governor Jay Nixon is "b____ slapping" the Constitution and includes a repost of a photoshop job of Nixon as Batman...slapping Robin in the face.

See also: - Missouri Legislature Passes Bills Blocking Federal Gun Control, Sharia Law, U.N. - Brian Nieves' Senate Floor Outburst: "Are You Reporters Listening to This?" (VIDEO) - Brian Nieves Writes Insane E-Mails to Constituent Who Doesn't Want His Newsletters

It appears Nieves posted another user's photo with his own added message about the Democratic governor's recent vetoes of three bills Nieves had backed. One bill was aimed at blocking Islamic religious law in Missouri, which, Nixon and other critics argued, was not in any way a threat (and the law banning it could have damaging unintended consequences, the governor said). The second proposal was an effort to ban the enforcement of a non-binding United Nations sustainable development pledge from 1992, which, the governor argued, was also not a threat to Missouri.

The third bill, a proposal that earned Missouri national attention, was an effort to criminalize the enforcement of federal gun laws through a law that would have directly violated the United States Constitution.

Below are screenshots of Nieves' now-deleted Facebook posts from the weekend, courtesy of @ssnich:


The post was gone soon after it was posted, it appears. Nieves was specifically referencing Nixon's veto announcement on Friday regarding the bill to block federal gun laws, in which the governor emphasized that he has a track record of supporting the Second Amendment, but cannot support a bill that "seeks to resurrect the pre-Civil War concept of nullification would violate the Supremacy Clause."

Continue for more of Brian Nieves' Facebook commentary on the bills.

Even some pro-Second Amendment lawmakers who supported the nullification bill have acknowledged that it is legally problematic to pass a law that preemptively bans federal regulation.

When Kansas passed a similar measure, the U.S. Attorney General threatened legal action, saying, "Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties."

After deleting the first posts, Nieves has since published a follow-up Facebook message arguing that critics of this pro-gun bill don't understand the Supremacy Clause and that it is a "flawed assertion" that federal law always trumps state law:


Daily RFT sent Nieves an e-mail over the weekend asking if he'd like to chat further about nullification or offer any comment on why his first post was deleted. We'll update if we hear back.

Critics mocked both Facebook messages over the weekend on Twitter:

*Update, 11:42 a.m.: Multiple readers who aren't friends with Nieves point out that they can still view the post on his Facebook page, though Daily RFT is unable to see it and several other folks here at RFT also can't view it. So it appears he has blocked us or limited who can see it in some way.

Send feedback and tips to the author. Follow Sam Levin on Twitter at @SamTLevin.

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