On Christmas Day, Montanans decided to give their Congressional district a gift they won't soon forget— a notice of possible recall of the Senators and one Congressman who voted for the controversial, National Defense Authorization Act (NDAA).
The recall effort was started by William Crain, an artist, and by Stewart Rhodes, an attorney and national president of the organization, The Oath Keepers.
Their intentions are to oust Senators Max Baucus (D) and Jonathan Tester (D) as well as Representative Denny Rehberg (R) from office for voting for a bill that, many say, decimates America's Bill of Rights.
Montana is one of only 9 states that allow for recall of members of its federal congressional delegations based on "violations of oath of office" among other issues. (The other 8 states that allow such recalls are Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, and Wisconsin).
In their press release, Rhodes (a former staffer of Rep. Ron Paul) said:
These politicians from both parties betrayed our trust, and violated the oath they took to defend the Constitution. It's not about the left or right, it's about our Bill of Rights. Without the Bill of Rights, there is no America. It is the Crown Jewel of our Constitution, and the high-water mark of Western Civilization.Will this Recall Work?
Whether or not this recall will work is unknown. For instance, New Jersey's federal recall attempt (on another issue) was struck down by a federal judge when the judge ruled that the Federal Constitution did not permit states the power to recall Senators. However, the Constitution of the United States allows (by not excluding) the right to recall both members of the Senate and of the House.
After all, the 10th Amendment of the Constitution reads:
The powers not...prohibited...are reserved to the states...or to the people.
Although the right of recall was previously struck down, it has never been taken to a federal court. However, if there's one person who could take it all the way to the United States Supreme Court (if need be) it would be Stewart Rhodes.
Who is Stewart Rhodes?
In addition to being a former staffer of Ron Paul, Rhodes and his "Oath Keepers" staunchly defends the Constitution of the United States. Its members are all current and former military or law enforcement personnel who have been accused of having extremist views at times.
Whether or not this recall of Montana's Senators and Congressman succeeds, this effort should put other congressional districts and the President of the United States on notice. The NDAA is the most controversial bill since the Patriot Act. The furor raised over the obliteration of America'a Bill of Rights is something that this writer thinks will not die anytime soon — nor should it.