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Roy G. Callahan, USN, Ret.

1529 NW 143rd Street Gainesville, Florida 32606 Tel: (352) 332-9144 Fax: (352) 332-9144 Call6603@Bellsouth.net

Saturday, February 05, 2011 Open letter to State Governors Every member of Congress or public official who works for a state or federal government t takes an oath to protect and defend the Constitution of the United States against all enemies, foreign and domestic. Any American with knowledge of the Constitution watching the shenanigans coming out of Washington has to wonder if our representatives are ignorant, stupid, or just playing the people they represent like fools. I refer to two issues related to Obamacare to make the point. Recent headlines tell Americans Republicans Offer Bill to Allow States to opt out of Obamacare. Similar headlines talk about the Virginia and Florida court decisions regarding Obamacare. Each portrays ignorance or outright dismissal of the Constitution and the rule of law. Senators Graham and Barassos introduction of a bill that allows states to opt out of any part of the controversial Obamacare including the individual and employer insurance mandates1 is pompous grandstanding. Both senators should know nullification is not theirs to give. The states created the federal government granting few enumerated powers. It therefore follows there is nothing in the Constitution they swear an oath to protect and defend giving congress the right to grant the powers they propose to the states and the people since the states and the people through the 9th and 10th Amendments, have the reserved powers not granted or given by the states to their federal counterpart.. Senators Graham and Barasso should also know their state legislatures and executive branches have the right to nullify federal laws enacted unconstitutionally. The Kentucky and Virginia Resolutions are masterpieces of constitutional analysis that states should use as models for their own resolutions nullifying the myriad of unconstitutional laws that have spewed from Congress in recent decades including Obamacare. Anyone with constitutional knowledge knows the Supreme Court is the court of original jurisdiction in matters involving the states, treaties etc. This makes the ongoing legal cases brought by Virginia, Florida and 27 other states political theater for ignorant Americans and politicians alike. Why would the states, which formed a Federation for the limited purposes enumerated in Art. I, Sec. 8; ask one branch of the federal government (judiciary) to opine on whether a law approved by the two other branches (legislative & executive), exceeds the enumerated powers of Congress and encroaches on the reserved powers of the States and the People through the 10th Amendment? History records all three branches of the federal government have unified against the Constitution, the States, and the People for a very long time. Therefore, the states should not put themselves in the position of supplicants to a court that has shown itself contemptuous of the Constitution, and of the States and the Peoples reserved powers. Obamacare is outside the scope of the legislative powers granted to Congress in the Constitution. It violates the Tenth Amendment. The founders did not advocate running to federal judges to ask them to decide such issues and

CNS News February 1, 2011 Page 1 of 2

neither should you. Our founders were courageous. They understood the Constitution and nullified unconstitutional acts of congress. So should you. Remember, you work for me Yours in the Bill of Rights,

Roy G. Callahan Copy to: Federal Senators, House Members, Senator Graham and Barasso, attorney general Cuccinelli; Selected Associate Justices, U.S. Supreme Court

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