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Recall Those in Congress Who Voted for the NDAA

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Andrew Steele
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Last week the U.S. Congress passed the NDAA, a piece of legislation that includes giving the President the power to use force and indefinitely detain anyone who "substantially supports" Al-Qaeda, the Taliban, or their "associated forces." U.S. citizens are not excluded from the due process denying powers given to the President by the legislation, meaning  that they can be held without trial "until the end of hostilities". Since America's war of terror is one without end, "until the end of hostilities" is another way of saying "forever."

To compare the destruction of the U.S. Constitution to the slow demolition of a house by a team of workmen with sledgehammers, this legislation is like smashing a load-bearing wall, giving the often irresponsible, bought off, child king men who seek the presidency the ability to throw anyone (inevitably those citizens who stand in the way of their military conquests) into a black hole. It mutilates the law in an attempt to attack the natural rights of man and make tyrannical governance an easier pill to shove down the throat of the American people. To deny any citizen the right to a trial is to deny them their humanity, and to deny the people of the United States their proper role as the true overseers of our justice system. This legislation casts the last shadow of doubt from the realization that the majority of our Congress is guilty of more than mere reckless indifference and, as a body, is complicit in the treasonous overthrow of our nation.

America's will is being tested.

Where it is possible, the representatives and senators who voted in favor of the NDAA must be recalled.

Currently 18 states allow recalls of their legislators. (Not all of them apply to federal legislators, however. A listing of the states and some specifics on their recall requirements can be found here). The legality of recalling federal legislators has been debated. For instance, according to a 2009 article discussing what would end up being a failed attempt to recall Congressman Cao of Louisiana:

"The U.S. Constitution does not allow for the recall of a member of Congress, and no Congressman has ever been recalled. Expulsion by Congress is the only process defined by the Constitution. Even if Cao is recalled, it is unlikely that Congress would accept the results. Even if Congress did, it is unlikely the recall could survive a legal challenge."

To the notion that the U.S. Constitution doesn't allow states to recall their federal legislators, in fact it doesn't say that they can't. Under Article 1, Section 5 of the U.S. Constitution it states:

"Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member."

The key word here is "may" and the key missing words are "solely" and/or "only." The Tenth Amendment asserts that powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states. As well, the Declaration of Independence -- our founding document -- states clearly:

"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, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

There can be no doubt that the U.S. Congress has become "destructive of these ends," and is threatening the liberty of Americans. In Article 1, Section 9, of the U.S. Constitution, which describes the limits of Congress, it's written:

"The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

There is no invasion -- from a foreign power or otherwise -- taking place, and though the media pundits and politicians are beginning to panic as both right and left activists stand up and push back against the abuses of their government, there is no actual rebellion (other than one of ideas) happening. Therefore, Congress has clearly overstepped its bounds.

To those living in the states where recalls are permitted and whose federal legislators have voted their right to justice away: It can begin with one person.

Each recall activist leader would need to learn the recall process for their individual states and gather teams together to do the work.  A good start at accomplishing this would be for them to visit the Facebook pages of their representatives and senators who voted in favor of the NDAA and look for comments from constituents expressing their disgust.  (They may also look for comments on stories about the NDAA on their local news websites if emails, Facebook pages, or some form of contact for commentators is listed). They could then send a quick email to each commentator stating that they are of like mind and are gathering citizens together to discuss a recall at some well known location on a certain date.  They should try to get a conversation going with each person even before they meet them face to face, along with contact info outside of Facebook or email, and learn and understand the recall process before the first meeting (even make simple handouts if they can) so the goal and the direction for the group remains clear.  Roles and strategy can be discussed at the meeting.

Publicity for the recall will be extremely helpful. Once the recall effort has begun, they may send press releases to every local media outlet within their districts and take out advertisements in newspapers if they can afford it. Members of the team can call in to local radio morning shows and try to discuss the effort on the air. It is important to have an easy to remember web page and a simple email address for new volunteers to contact the team's representative. Also, they should write blog posts or make video blogs about the effort as often as they can and send them to local media, as well as popular alternative news websites. If the team wants to receive phone calls for the cause but nobody wants to publish their personal numbers, the group can pitch in to buy a cheap cell phone to put minutes on, or purchase a Skype phone number under a shared account.

All the resources are available to the average man or woman to mount such an effort. All that is needed is the will of dedicated people.

As for the states that do not have a recall process on the books, other things can be done to make treasonous politicians hurt. Aside from obvious actions, such as peaceful but heated public confrontations and letters to the editor, all of the above-listed processes for recall efforts can also be applied to getting a truth-telling candidate on the ballot for the next congressional election. Not a Republican, not a Democrat, but simply somebody who has a grasp on reality and is willing to tell the voters what they need to hear even if it's not what they want to hear -- inserting real and (establishment deemed) taboo issues into the public debate. 

Once a volunteer team does the work of getting a candidate's name on the ballot, the campaign can be run on the Internet and by using public space whenever possible, such as a park, a sidewalk in front of a town hall, etc. Indeed it would not be a traditional campaign and perhaps not something the average person running would want to quit their job while doing. Whoever ran would have to be prepared to be ignored and/or attacked by the castrated puppets of the mainstream media, but in all truth, as our leaders initiate our national suicide, who really cares what those people have to say anymore?  They're the ones who'll have to find an excuse to leave the room when their grandchildren ask them what they did during the fascist takeover of America, not you.

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Andrew Steele is the editor of America 20xy-- an independent news service that highlights articles from around the web focusing on international and economic policy, and human rights abuses. The mission statement for the page is a quote from Thomas (more...)
 
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