Eugene Gino DiSimone's Letter- (He's Running For Gov. on the Independent Ticket)

by Sharon Rondeau

(Mar. 28, 2010) — The following letter has been sent to Governor Jim Gibbons of Nevada and submitted to The Post & Email for publication unedited:

Mr. Eugene “Gino” DiSimone
Candidate, Governor of Nevada 2010
17810 Thunder River Dr.
Reno, NV 89508

March 27, 2010

Mr. James A. Gibbons
GovernorState of Nevada
101 N. Carson Street
Carson City, NV 89701

Dear Governor Gibbons:

I adjure you, nay, I require you, as the duly elected Governor of my State exercising the duty of Commander in Chief of Nevada, to immediately take action to protect my freedom, liberty, property and wealth, as your duty utterly requires. To this end I require you file a legal challenge, Quo Warranto (D.C. Statute 35 §16-3501), on the authority of BARACK HUSSEIN OBAMA II, a/k/a BARRY SOETORO requiring proof that he is eligible to be President of the United States of America, and he has the constitutional authority to act as President of the United States and to execute the Health Care Bill. This Bill is a direct threat to my freedom, liberty, wealth and property. It threatens nearly every citizen of Nevada and nearly every business of Nevada as it will forcefully extract, under duress, my/our wealth and property. This is an acute direct security threat and I require swift aggressive intervention for assurances of security from my Commander in Chief of this great State of Nevada.

By virtue of this acute security threat to me and Nevada citizenry and businesses, as Commander in Chief, it is your solemn sworn duty to protect me/us from acute security threats, particularly threats to my freedoms, liberties, health, wealth and property. To this end I demand you exercise your sworn duty to protect us with expediency as follows:

1. File (directly from the Governor of Nevada) a legal challenge, Quo Warranto (D.C. Statute 35 §16-3501), on the eligibility and authority of BARACK HUSSEIN OBAMA II, a/k/a BARRY SOETORO requiring exacting legal proof of the specific constitutionally defined and required form, such that he is eligible to be President and has constitutionally granted Presidential signature authority of the legal and correct form – not withstanding substitute documents are not authorized by the U.S. Constitution.

2. Submit an Executive Order staying all provisions, actions, or other measures of the Health Care Bill, and further enacting such measures as is required to guarantee the security of the citizens and businesses toward our freedoms, liberties, wealth and property against all efforts to infringe them as is written in the Health Care Bill.

3. Submit a Proclamation of Resolutions, listed in items ‘a’ through ‘l’ below and adopted in large part from the Resolutions of 1798, making null and void the Health Care Bill, claiming the State of Nevada reasserts constitutional authority and sovereignty over all powers not expressly delegated to the United States nor prohibited to it by the US Constitution.

a. Be It Resolved: The Health Care Bill of Congress, signed by the President on the 23th day of March, 2010 and again thereafter, and so commonly known as the “Health Care Bill” or otherwise known as “Health Care Reform” (and all their other acts which assume to create, define, or otherwise establish laws, other than those so enumerated in the Constitution,) are altogether void, and of no force; and that the power to create, define, and otherwise establish laws is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; that the State of Nevada reasserts rightful constitutional ownership and power of these rights within its territory and borders.

b. Be it Resolved: That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

c. Be It Resolved: That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offenses against the law of nations, and no other crimes, whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore the Health Care Bill of Congress, signed by the President on the 23th day of March, 2010 and again there after, and so commonly known as the “Health Care Bill” or otherwise known as “Health Care Reform” (and all their other acts which assume to create, define, or otherwise establish laws, other than those so enumerated in the Constitution,) are altogether void, and of no force; and that the power to create, define, and otherwise establish laws is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory and borders.

d. Be It Resolved: That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitutions, that “the powers not delegated to the United States by the Constitution, or prohibited by it to the States, are reserved to the States respectively, or to the people”; and that no power over the free choice of Life, Liberty and the pursuit of Happiness shall be infringed by forced participation in health care or any other aspect of private lives as it pertains to health or health care. That, therefore, the act of Congress of the United States, signed by the President on the 23th day of March, 2010 and again there after and so commonly known as the “Health Care Bill” or otherwise known as “Health Care Reform” which does abridge the freedom and liberty of individual choice of health care or any other measure within such “Health Care Bill”, is not law, but is altogether void, and of no force.

e. Be It Resolved: That illegal aliens are not friends of the State and are under the jurisdiction and the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, signed by the President on the 23th day of March, 2010 and so commonly known as the “Health Care Bill” or otherwise known as “Health Care Reform” which assumes powers over aliens, not delegated by the Constitution, is not law, but is altogether void, and of no force.

f. Be It Resolved: That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution, the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their powers by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquility, while those specified in the preceding resolutions call for immediate redress.

g. Be It Resolved: That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the Governors and Legislatures of the several States: to assure them that this commonwealth continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their late federal compact, to be friendly, to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy;

h. Be it Resolved: That where powers are assumed which have not been delegated, a nullification of the act or Bill is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this commonwealth, from motives of regard and respect for its co States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified.

i. Be It Resolved: That if the Bill before specified should stand, these conclusions would flow from it; that the general government may place any act they think proper whether enumerated or not enumerated by the constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction: that a very numerous and valuable description of the inhabitants of these States being, by this precedent, reduced, as outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus swept away from us all, no ramparts now remains against the passions and the powers of a majority in Congress to protect from a like exportation, or other more grievous punishment, the minority of the same body, the legislatures, judges, governors and counselors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people, or who for other causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their election, or other interests, public or personal; that the common man has indeed been selected as the safest subject of a first experiment; but the greater citizenry will soon follow, or rather, has already followed, for already has the Health Care Bill marked him as its prey: that these and successive acts of the same character, unless arrested at the threshold, necessarily drive these States into revolution and blood and will furnish new calumnies against republican government, and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron. The States are required to protect the people from such despotism and heretofore shall do so.

j. Be It Resolved: That it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the Health Care Bill, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits. Let him say what the government is, if it be not a tyranny, which the men of our choice have con erred on our President, and the President of our choice has assented to, and accepted over the common man to whom the mild spirit of our country and its law have pledged hospitality and protection: that the men of our choice have more respected the naked belief of the President, than the solid right of proof, the claims of justification, the sacred force of truth, and the forms and substance of law and justice. It is well known that this President elected in November of 2008, his father was from Kenya and, therefore, according to the British Nationality act of 1948, BARACK HUSSEIN OBAMA II, a/k/a BARRY SOETORO would also be British, making him a dual citizen. It is this dual allegiance that the Constitution specifically guards against, especially in the Office of the President where fierce loyalty and allegiance to only this country is required; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power. The State of Nevada asserts jealousy, and not confidence, which prescribes and requires proof of allegiance through constitutional limits on Presidential eligibility.

k. Be It Resolved: In questions of powers, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this commonwealth does therefore call on its co-States for an expression of their sentiments on the Health Care Bill, plainly declaring whether this Bill is or is not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, weather general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this commonwealth in considering the said Bill as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States (not merely as the cases made federal, casus fœderis but), in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring this Bill void, and of no force, and will each take measures of its own for providing that neither this Bill, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories and borders.

l. Be It Resolved: That the said committee be authorized to communicate by writing or personal conference, at any times or places whatever, with any person or persons who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of Assembly.

Sincerely,

Gino DiSimone
1-775-544-2765

Copyright © 2010 by Gino DiSimone