Montanans Organize To Recall

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.”

While the Montana Constitution (and those of other states) allows for a recall to take place, there is some question about whether these powers, which are technically undefined by the US Constitution, can be used to remove acting Congressional representatives:

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.

Nonetheless, we may soon find out, as Montana is spearheading the movement to remove both of their Senators from office, as per the petition draft that is now circulating:

“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.”

While there may be eight other states whose Constitutions allow for the recall of federally elected officials, the US Constitution itself has reserved these rights for the people of each state, suggesting that such a recall movement can gain steam all over the country, and may be our last best hope of restoring Constitutional rule of law to America.