Topic: Montanans Launch Recall of Senators Who Approved NDAA Milita
willing2's photo
Mon 12/26/11 05:23 PM
Now, this is a novel idea.
Hope it catches on and all who voted for it are put on the unemployment line.

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

From Daily Koz:

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.

Ladylid2012's photo
Mon 12/26/11 05:31 PM
this is good news!!!

and yes, it will catch on

Sojourning_Soul's photo
Mon 12/26/11 05:59 PM
Edited by Sojourning_Soul on Mon 12/26/11 06:05 PM
US Navy SEALS removed one muslim threat to America, it's up to the voters to remove the other!

From King Barrys book Audacity of Hope: "I will stand with the Muslims should the political winds shift in an ugly direction."

Lpdon's photo
Mon 12/26/11 06:01 PM

Now, this is a novel idea.
Hope it catches on and all who voted for it are put on the unemployment line.

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

From Daily Koz:

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.


Wow, must be nice. We tried to get Harry Reid recalled here in Nevada and we couldn't because here they don't let us Re-call Federal Elected Official's, they leave it up to the COngress and Senate to kick them out. rant