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-   -   Senators being recalled after voting on NDAA (https://gfy.com/showthread.php?t=1052168)

Phoenix 01-03-2012 06:44 AM

Senators being recalled after voting on NDAA
 
http://www.thelibertyvoice.com/monta...aa-face-recall

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?

u-Bob 01-03-2012 07:16 AM

ah Max Baucus , the one who wanted to censor online porn...

onwebcam 01-03-2012 07:19 AM

They all need to be recalled. 2 weeks severance pay and a one way plane ticket for the whole lot.

candyflip 01-03-2012 08:44 AM

So these folks voted how they wanted to vote instead of how their constituents wanted them to vote?

Seems like typical politics to me.

Barry-xlovecam 01-03-2012 11:34 AM

It's a no starter and a total red herring ...

Quote:

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.?
That pertains to a state elected or appointed officer.

Representatives and Senators are US Federal officers

Quote:

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 ...
Better the issues of due process of this law be challenged;
US Constitution Fifth Amendment
Quote:

[n]or be deprived of life, liberty, or property, without due process of law; ...


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