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Brian Nieves: Constitutional Scholar

I'm not even sure where to start with Brian Nieves' latest constitutional amendment, so I'll just put it out there for the world to see:

Let's break it down. Nieves has filed a constitutional amendment which prohibits Missouri from recognizing or enforcing certain federal laws and constitutional rights he doesn't like. I'm not sure how long it's been since Nieves was in a Government 101 class, but you can't nullify federal law just because you don't like it. The supremacy clause of the US Constitution states:

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.

Long story short, federal law trumps state law, no matter what. Period.

But that's not stopping Nieves from attempting nullify any and all federal gun laws, discriminate against women and their constitutionally protected right to abortion, further discriminate against LGBTQ individuals and couples and their ability to marry the one they love, and essentially redefine the 1st Amendment by saying that it cannot be interpreted as creating a separation of church and state. To refresh Nieves' memory, the 1st Amendment of the US Constitution states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... Personally, I'm not sure how you can interpret that language as anything other than a separation of church and state. And then there's the wormhole Nieves is attempting to create with regards to education and what can and cannot be taught, which I immediately see as a problem given the whole separation of church and state just discussed.

Moving on to the next section of the amendment, Nieves is apparently attempting to require Missouri to interpret amendments to the US Constitution based on the congressional sponsor and cosponsors of them. I'm not exactly sure how we're supposed to do that unless we're somehow magically able to resurrect a bunch of dead guys to ask them precisely what their intent was with the amendment. Does Nieves know that this is why we have courts? We have the judicial system to interpret laws and the constitution and to determine whether or not they have been violated.

As if the above wasn't concerning enough, there's the last line of Nieves' amendment: "The amendment also declares that Missouri citizens have standing to enforce the provisions of the amendment." What? In what capacity? In what form? In armed rebellion against federal officers who are simply doing their job by enforcing federal law?

There are too many questions regarding this amendment, there are clearly too many provisions that violate the US Constitution and Sen. Nieves should be condemned for this waste of time and resources.

@ProgressMO

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