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Monday, July 8, 2013

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

Posted By on Mon, Jul 8, 2013 at 8:00 AM

Page 2 of 2

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:

VIA FACEBOOK

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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