Share on Google Plus Share on Twitter Share on Facebook 10 Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend 18 (28 Shares)  
Printer Friendly Page Save As Favorite View Favorites View Stats   5 comments

OpEdNews Op Eds

Montanans Launch Recall of Senators Who Approved NDAA Military Detention. Merry Christmas, US Senate.

By (about the author)     Permalink       (Page 1 of 3 pages)
Related Topic(s): , Add Tags Add to My Group(s)

Must Read 9   Valuable 7   Supported 6  
View Ratings | Rate It

opednews.com Headlined to H4 12/25/11

Disclaimer: I am now a volunteer press contact for this campaign.

From the press release:

Moving quickly on Christmas Day after the US Senate voted 86 - 14 to pass the National Defense Authorization Act of 2011 (NDAA) which allows for the indefinite military detention of American citizens without charge or trial, Montanans have 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 issue of federal official recall has never reached the federal courts.

Montana law requires grounds for recall to be stated which show conformity to the allowed grounds for recall. The draft language of the Montana petitions, "reason for recall" reads:

"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..."

The National Defense Authorization Act of 2011 (NDAA 2011) permanently abolishes the Sixth Amendment right to a jury trial, "for the duration of hostilities" in the War on Terror, which was defined by President George W. Bush as "task which does not end" to a joint session of Congress on September 20, 2001.

Those who voted Aye on December 15th, 2011, Bill of Rights Day, for NDAA 2011 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.

The Montana Recall Act stipulates that officials including US senators can only be recalled for physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense. We the undersigned call for a recall election to be held for Senator Max S. Baucus [and Senator Jonathan Tester] and charge that he has violated his oath of office, to protect and defend the United States Constitution."

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, who are 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:

Next Page  1  |  2  |  3

 

Ralph Lopez majored in Economics and Political Science at Yale University. He writes for Truth Out, Alternet, Consortium News, Op-Ed News, and other Internet media. He reported from Afghanistan in 2009 and produced a short documentary film on the (more...)
 

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon


Go To Commenting

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact Author Contact Editor View Authors' Articles

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Wikileaks Soldier Reveals Orders for "360 Rotational Fire" Against Civilians in Iraq

Why Obama Will Not Veto NDAA Military Detention of Americans: He Requested It.

McChrystal Trying to Tell Us Something? "We're F%^*king Losing This Thing"

BoA Dumps $75 Trillion In Derivatives On Taxpayers, Super Committee Looks Away. Seize BoA Now.

Arrests at White House Over NDAA Military Detention of Americans, Occupy Wall Street Joins Fight.

Obama Lied: Taliban Did Not Refuse to Hand Over Bin Laden

Comments

The time limit for entering new comments on this article has expired.

This limit can be removed. Our paid membership program is designed to give you many benefits, such as removing this time limit. To learn more, please click here.

Comments: Expand   Shrink   Hide  
5 people are discussing this page, with 5 comments
To view all comments:
Expand Comments
(Or you can set your preferences to show all comments, always)
This should be and remain the lead-in article of t... by cosmic J. on Monday, Dec 26, 2011 at 10:43:57 AM
The Congressmen who voted for this bill have commi... by Candice Can2 on Monday, Dec 26, 2011 at 1:01:07 PM
This is great news.  Thank you for covering t... by Michael Collins on Monday, Dec 26, 2011 at 3:43:09 PM
To the patriots of Montana.  I will wish them... by Robert Tracey on Monday, Dec 26, 2011 at 11:10:19 PM
As a resident of the State of Nevada, I will tell ... by Tim Sanders on Wednesday, Dec 28, 2011 at 10:37:41 AM