Montanans are recalling senators who voted for NDAA

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Flag of the State of Montana

In an article for, Jan. 19, 2012, Volubrjotr writes that the senators and representatives who voted “Aye” on December 15th, 2011 (ironically, the Bill of Rights Day), for the National Defense Authorization Act for Fiscal Year 2012 (NDAA) have attempted to grant powers which cannot be granted, which violate both the spirit and the letter of the Constitution and the Declaration of Independence.
Rising on the House floor to oppose the bill based on the military detention provisions for Americans, Rep. Tom McClintock (R-Calif) said before the House vote:

“Today, we who have sworn fealty to that Constitution sit to consider a bill that affirms a power contained in no law and that has the full potential to crack the very foundation of American liberty.”

Vermont Senator Bernie Sanders said in opposing the final NDAA:

”This bill also contains misguided provisions that in the name of fighting terrorism essentially authorize the indefinite imprisonment of American citizens without charges.”

And in a New York Times op-ed piece, retired four-star U.S. Marine generals Charles Krulak and Joseph Hoar said that “Due process would be a thing of the past.”
Moving quickly on Christmas Day after the US Senate voted 86–14 to pass the National Defense Authorization Act of 2011 (NDAA) which according to the American Civil Liberties Union allows for the indefinite military detention of American citizens without charge or trial, Montanans announced the launch of recall campaigns against Senators Max Baucus and Jonathan Tester, who voted for the bill.

Montana is one of nine states with provisions that say that the right of recall extends to recalling members of its federal congressional delegation, pursuant to Montana Code 2-16-603, on the grounds of physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of certain felony offenses.

Section 2 of Montana Code 2-16-603 reads: “(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer’s successor.”

The website cites eight other states which allow for the recall of elected federal officials: Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, and Wisconsin. New Jersey’s federal recall law was struck down when a NJ state judge ruled that “the federal Constitution does not allow states the power to recall U.S. senators,” despite the fact the Constitution explicitly allows, by not disallowing (“prohibited” in the Tenth Amendment,) the states the power to recall US senators and congressmen:

“The powers not…prohibited…are reserved to the States…or to the people.” – Tenth Amendment of the U.S. Constitution.

The draft of Montana’s recall petition says:

The Sixth Amendment of the U.S. Constitution guarantees all U.S citizens: “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”

Montana residents William Crain and Stewart Rhodes are spearheading the drive. Mr. Crain is an artist. Mr. Rhodes is an attorney, Yale Law School graduate, and the national president of the organization Oath Keepers, a group of military and law enforcement officers, both former and active duty, who vow to uphold their Oath to the US Constitution and to disobey illegal orders which constitute attacks on their fellow citizens.
Rhodes said:

“These politicians from both parties betrayed our trust, and violated the oath they took to defend the Constitution. It’s not about the left or right, it’s about our Bill of Rights. Without the Bill of Rights, there is no America. It is the Crown Jewel of our Constitution, and the high-water mark of Western Civilization.”

Eighteen states at present have recall laws, ten states’ recall laws do not apply to federal officials. For these and other states to recall federal officials, state legislatures would have to first pass or amend such laws.
H/t our beloved Tina.

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0 responses to “Montanans are recalling senators who voted for NDAA

  1. americans are more aware of the criminal enterprise that passes for our government thats why these thugs passed this bill, this is a direct threat either do as they want or else.

  2. Thankyou for all this great info.!

  3. thanks Eo,sent this EVERYWHERE!!!

  4. This is the same action that Congress should be initiating to have Obama constitutionally relieved from his duties, The 25th Amendment Section 4 is the clause that would enable this action. If the states are recalling the Congressmen who voted aye on the bill, where do Bernie Sanders and those who voted “nay” stand on this Amendment? It’s all very well to say “nay” but what about bringing this matter to closure. A cabinet member has the legal authority to invoike the 25th and Congress has the authority to impeach, so if both methods were on track now, we wouldn’t have had to endure the SOTUS last night, or watch the members all clapping and grinning and cheering the speech which was not relevant to the actual position we find ourselves in AT ALL, and in itself PROVES CONCLUSIVELY that he doesn’t have a clue about what is going on, unless he is DELIBERATELY up a gum tree. Either way, we need to use our remaining rights to have our country run by those who are PATRIOTS.

  5. edward oleander

    I’m passing along a lot of this. NDAA is a national nightmare. You know it must be when so many people who supported the thrice-damned PATRIOT Act can’t stomach it… My god, I want Paul Wellstone back.

  6. emanuel goldstein

  7. Please go to and sign petitions after reading them very carefully that will help fight this regimes attack on the free world! Also go to for real verifiable news and support them as you are able.


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