In an article for PoliticalVelcraft.org, 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 Ballotpedia.org 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.
“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.