Saturday, December 24, 2011

How to Recall US Senators and Congressmen

Below is a list of the senators and congressmen who voted to sell us and our American rights down the river as if we had never been born with them. The right to recall federal officials is firmly established by the Tenth Amendment of the U.S. Constitution as a power "not prohibited" by the Constitution and therefore "reserved to the states" and "to the people."   As proponents of limited government, the Constitution was to be viewed as a straitjacket on the government, outlining limited powers, not a straitjacket on the people, whose rights only ended where they began to infringe on the rights of others.   The Tenth Amendment states:  
"The powers not delegated to the United States by the Constitution  nor prohibited by it to the States, are reserved to the States  respectively, or to the people."
The Treasonous 383
SENATE: YEAs ---86
HOUSE: AYES 283 --

 Do not let any state legislator tell you that you cannot recall senators or congressmen.  Only two state courts have decided this, Idaho and New Jersey, which do not apply to other states.  In both cases the reasoning was weak and specious.  The Idaho court said that the law was unconstitutional because it would constitute a new "qualification" for office in addition to age, residency and inhabitancy, the existing stated qualifications in the U.S. Constitution.  This reasoning is weak and a poor crutch for other states.    

In NJ Chief Justice Stuart Rabner wrote "The court finds that ... the federal Constitution does not allow states the power to recall U.S. senators."  This is odd because in fact the Constitution explicitly allows, by not disallowing ("prohibiting" 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."
The states' right to recall is even more firmly anchored in the document antecedent to the Constitution, the Declaration of Independence, which states:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.That  to secure these rights, Governments are instituted among Men, deriving  their just powers from the consent of the governed, That whenever any  Form of Government becomes destructive of these ends, it is the Right of  the People to alter or to abolish it...  --  Declaration of Independence as originally written by Thomas Jefferson, 1776." 
The Supreme Court declared in 1897:
The Constitution is the body and letter of which the Declaration of Independence is the thought and the spirit, and it is always safe to read the letter of the Constitution in the spirit of the Declaration of Independence.
The Constitution itself connects itself to the Declaration of Independence by dating itself from the date of the Declaration of Independence, thereby showing clearly that it is the second great document in the government of these United States and is not to be understood without the first.

The Constitutional includes provisions for the expulsion of a member from either House by a vote of other members.  It would be absurd to  conclude that the Founders, who reserved all rights to the people including the right to "abolish" the government, and who held that all governance was only by "consent of the governed," intended for congressmen to be more  responsible to their colleagues than to the people they represent.  If members of the Congress can expel members, their own constituents certainly can, given properly constructed recall laws.

"Properly constructed" should be taken to mean of gravity and import.  Being a member of Congress should not be a popularity contest.  But when it comes to questions of Constitutional import, these are questions which properly revert back to the people and the states.  These are questions to be resolved in properly designed recall legislation.

18 states presently have recall laws: Alaska, Arizona, California,  Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota,  Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island,  Washington and Wisconsin.  In some of these states federal officials are excluded, but not in others.  States without recall laws would need them passed in the state legislatures, which boils down to lobbying state representatives and senators hard.

State representative and assembly districts are small and can be run for easily by ordinary citizens with little money.  They are a tiny fraction of the size of a congressional district and can be door-knocked in a few months.  State senators and representatives seeing challenges coming over their stand on the federal recall issue are more likely to get on the side of the people.

Almost as importantly, active recall drives and drives to pass new recall laws over the NDAA's indefinite military detention of American citizens keeps the issue in the fore.  This vital since most people still are unaware of what is taking place.  This will require a long-term, voter to voter education campaign for which recall can serve as the vehicle.  "Why would you want to recall old Senator So-and-So?" - your neighbors will ask.  Wait until they find out.

Here is one possible model recall law to present to your state representatives, just change the name of the state it is will serve as a first draft.

[MODEL RECALL LAW, WASHINGTON STATE CONSTITUTION ARTICLE I.]

Here is an excellent link to state house contacts and your state representatives:
http://www.ncsl.org/?tabid=17173

Be sure to study this short history of the federal recall, written by an attorney, as well as the other links here, so you can be ready to knock down your state representative's arguments that senators and congressmen cannot be recalled: "Recalling US Senators and Congressmen."

Finally don't forget to join the Facebook "Recall Every Congressman Who Voted for the NDAA" The Internet will be a powerful tool for different states to communicate with each other and share information and advice.

Power now reverts back to the states, since the federal government  has egregiously violated and sought to overturn our "unalienable  rights," and we must call on our state legislators, who are closest to  us, to recall our federal representatives from Washington who voted for  this.

A Longer View

Taking the longer view of a nationwide wave of recall drives against politicians who have broken their oath to "protect and defend the Constitution," these are vital to show that the American people will not let this stand and will fight to reclaim our birthrights as Americans in a peaceful and democratic way.  What the congress and the president have done constitutes nothing less than a threat to us and our families, by declaring the authority for what amounts to kidnap, torture, and execution without trial or due process.  We are taking this threat seriously.

But the government's over-reach into our sacred rights might also finally bring us, at long last, to that national re-examination so long overdue since 9/11, which started the train of federal government usurpation  of basic rights in the name of "security."  For although George W. Bush declared that the terrorists "hated us for our freedoms," it was never Al Qaeda which took a vote on the Senate floor to abolish the Bill of Rights, but our very own "domestic enemies" of the Constitution.

That the breath-taking power grab takes place just as a fresh awakening has occurred, taking aim at the corrupting influence of money in our political system, cannot be ignored.  The monied powers which rob the taxpayers of trillions in bailouts for irresponsible business practices have been challenged by Occupy Wall Street.  The connection between this challenge and the attempted usurpation of our rights is hard to know.

Recall drives against a good number of federal elected officials, based on clearly righteous grounds, might open the way to a new responsiveness in our ossified institutions, by shadowing incumbents at re-election time, encouraging resignations, or, perhaps even, prompting the lawmakers themselves to mend their ways, and become true advocates for their constituents rather than for the bags of money which prowl their halls.  It is truly a shame that many of these politicians who had noble entrances into political life, as reformers and mavericks, now conclude these careers as the worst traitors to their sworn oaths that the nation has ever seen.

22 comments:

  1. This is Stewart Rhodes, Founder of Oath Keepers. I want to make it very clear that in Montana I will be filing for a recall of ALL of Montana's Congressional Delegation, including Republican Denny Rehberg, since all three of them voted for the NDAA of 2012, which contains provisions authorizing military detention and trial of US citizens and lawful residents.

    The two Democratic Senators, Tester and Baucus, voted for it, but so did the Republican Congressman Rehberg. It's not about left or right. It's about our Bill of Rights.

    Stewart Rhodes

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  2. Let's see how that works out for ya...

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  3. Go for it Stewart! We are too!

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  4. Can you help us with locating organization members in the other 49 states?

    I would do my part in Kansas if I knew who I should be contacting. There is little doubt in my thinking that there are prospective recall supporters in EVERY state on this important issue.

    What we need here is more organization and more inter-connectivity. There is a very broad and diverse stakeholder community on this important issue. There is a very broad and diverse stakeholder community that is fed up with the Senate and Congressional Royalty who preside and rule ABOVE THE LAW they promiscuously noose around the necks of the American public, often not even bothering to read the legislation they impose upon the citizenry they trample.

    We need organization. We need contact people to work with in our respective states, counties and cities.

    The everyday people are there -- from all walks of American life -- and they are more ready that you may realize.

    Are the Oathkeepers ready?

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    1. Chet Edwards is seen as a traitor among conservatives and liberals are lovin it. Liberals can't talk though as the same goes for Lieberman. Both parties think that the person from their party is a traitor but the other parties traitor is a messiah or something?
      Exacly Slaeyn

      phlebotomy schools louisiana

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  5. RECALL EVERY CONGRESSMAN & US SENATOR THAT SUPPORT &/ OR SUPPORTED THE NDAA BILL, INCLUDING THE ONES THAT ABSTAINED FROM VOTING. AND ESPECIALLY REP ADAM KINZINGER, SEN. MARK KIRK, AND OBAMA IF HE DOES NOT VETO THE BILL, ALL FOR VIOLATING THEIR SACRED OATHS OF OFFICE & BETRAYING THE AMERICAN PEOPLE & US CONSTITUTION, TRAITORS THEY ALL ARE FOR THAT. Signed; A VETERAN Of The US Armed Forces; jimmy a.

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  6. Do electronic signatures suffice?

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  7. I have a petitions to impeach the senators that voted for the NDAA from my home state of Oklahoma: (R) Tom Coburn and Jim Inhofe. Here is the link to my petition: http://www.change.org/petitions/oklahoma-house-of-representatives-impeach-senators-tom-coburn-and-jim-inhofe

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  8. Persephone, no, a recall petition must be a printed official document. What state are you in? I can research what is going on there...

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  9. Can anyone tell me what is going on in Louisiana? Both of our Senators, democrat and republican, and our Congressman voted for the the NDAA.

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  10. Jackie:

    Louisiana is one of the states with a federal recall law. General information is here:

    http://www.ballotpedia.org/wiki/index.php/Laws_governing_recall_in_Louisiana


    A copy of what the petition would look like here:
    http://www.sos.la.gov/Portals/0/elections/pdf/RecallpetitionRev3-02.pdf

    Here is what the general info link at ballotpedia.org says:

    http://www.ballotpedia.org/wiki/index.php/Laws_governing_recall_in_Louisiana

    Signature requirements

    Because there are many rural areas in Louisiana, percentage of the signature requirement is based on the number of people in the proposed recall member's district

    If over 1,000 eligible voters: 33.3% of eligible voters for office at time of last election

    If fewer than 1,000 eligible voters: 40% of eligible voters for office at time of last election

    Process

    The information here is taken from the Louisiana Secretary of State's recall and is a guide to the recall process in Louisiana

    1. Copy of recall petition is filed with SOS by chairman of recall committee.

    2. The completed petition is submitted to the Registrar(s) of Voters:

    Not later than 180 days after being filed with SOS.
    If there are fewer than 1000 qualified electors in the voting area, the petition shall be submitted not later than 90 days after being filed with SOS.
    If the final day for submitting the petition falls on a Saturday, Sunday, or legal holiday, the deadline shall be on the next day which is not a Saturday, Sunday, or legal holiday.

    3. The Registrar of Voters shall certify the recall petition:

    within 15 working days after it is presented to him, or
    within 20 working days after it is presented to him if the voting area contains more than 50,000 registered voters.

    4. The petition is forwarded to the Governor if the required number of signatures are certified by the Registrar of Voters.

    5. The Governor issues an election proclamation within 15 days after he receives the certified petition from the Registrar of Voters.

    Primary Election Date: the proclamation shall be issued on or before the last day for candidates to qualify in the election. (last day of qualifying)
    General Election Date: the proclamation shall be issued on or before the 46th day prior to the election. (same as propositions)

    6. Immediately after the issuance of the proclamation, the Governor shall publish the proclamation in the official journal of each parish where the recall election is to be held.

    7. Within 24 hours after issuing the proclamation, the Governor shall send a copy of the petition and proclamation, by registered or certified mail, to the clerk of the district court for each parish in which the recall election will be held.

    8. A copy of the petition and proclamation also shall be sent to the Secretary of State. (by the Governor)

    9. Within 24 hours after receiving the copies, the Secretary of State shall notify all other election officials in the parish(es) where the recall election is to be held.

    10. If the recall passes, the public officer is recalled and removed from office and the office is declared vacant when the election returns are certified to the Secretary of State. The vacancy is then filled as usual. The recalled official cannot be appointed to fill the vacancy.

    11. If the recall fails, no recall election for the same official shall be held within 18 months from the date of the failed recall election.

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  11. This is clear & concise without argument full blown "TREASON" against the Constitution and the American People, And the sad part is that their is absolutely no contest or outrage from the once proud American Citizen.....Fuck You America for sitting on your FAT FUCKING ASSES, You have shamed this once proud United States...SAY GOODBYE TO AMERICA! It now belongs to the millions of Illegals and The one Muslim Illegal in the White House.

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    1. Look again! The corporate-owned MSM isn't about to show how many people are pissed off about this, or HOW pissed off we are, but it's all OVER the Internet!

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  12. Your tactic is wrong. Signing the NDAA is a crime. The official term, which you can and should google, is TREASON: Seditious Conspiracy. Every single person signing this document has committed a crime. IT IS A CRIME! Find out who in D.C. has the legal authority to arrest people. Post this individual's name and address online. Send that individual notice that should he not obey his oath of office and immediately arrest the criminals then HE or SHE is also subject to the harshest of penalties reserved for traitors who aid and abet the treasonous by not upholding their DUTY. If this individual does nothing within a reasonable time (15 days) then take all measures to physically remove them from power. Do this until you get someone in office WHO WILL act and arrest in masse all those who have committed treason: seditious conspiracy. These are criminals. You do not recall criminals. You arrest them. The penalty is 20 years in prison for this crime.

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  13. Stewart, time to update your blogger profile?

    TT

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  14. Ive Shared this on Facebook & I Agree with you...Thankyou for having this and Standing Up for The truth & merica....GOD Bless You my true patriotic fellow American..signed; A US VET.

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  15. Ken, well the police chief of Washington DC is Cathy L. Lanier, then there is the Sergeant at Arms of the US Senate. A federal, state or county DA could issue an arrest warrant, they are all responsible for upholding the Constitution.

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  16. Why not organize your actions toward the Governors of the states the representatives hail from? My understanding is that the Governor can recall at will. As far as trying the whole kit n kaboodle for Treason? I support that, too... but the governors of the states can be a fast track to getting them OUT!

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  17. Chasbro, Sentator Coburn voted against it.

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  18. Jimmy, I don't believe governors can recall senators, I looked into it a bit if you can find a link would love to see it.

    Recall by the state legislature has its advantages. The fact is a state rep seat is the smallest real seat in the country that's not city or county and it is small enough for anyone to have a serious run at it. That means if your state rep. won't back the bill for a new state recall law (if your state doesn't have one) you can knock on all the doors in your town and at least take a lot of votes, and raise the profile of the issue. The Founders said the U.S. House of Representatives was the house closest to the people, because they stood for re-election every two years. They were almost right. A state rep seat is closest, because its about 1/10 the size. You don't need money to run for that, maybe a couple thousand for leaflets.

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