RE: Romney and Murky-cow...
The US Constitution is silent on recalling/removing a Senator or Representative.
Therefore, the 10th Amendment comes into play.
What is not specified is reserved for the States or The People (NOT, *and*...OR!)
The people of the State through it’s legislature can remove a it’s US Senator from serving, citing the 10th Amendment.
We the People can act as free people.
No, it does not.
In 1967 the voters of Idaho decided to recall Sen. Frank Church because of his antiwar stance on the Vietnam War. A federal court ruled that because the Constitution is silent on the matter of recall, then recall is not permitted. Thus, the article within the Idaho Constitution permitting recall of federal officeholders was null and void. Higher courts refused an appeal.
In 2013 the voters of New Jersey decided to recall Sen. Robert Menendez because of his personal corruption. The New Jersey Supreme Court cited the Frank Church precedent in declaring that federal officeholders cannot be recalled and also declared that the recall provision in the New Jersey Constitution for federal officeholders was in violation of the Supremacy Clause in Article VI of the US Constitution. Thus, the recall provision in the New Jersey Constitution was null and void.
The New Jersey Supreme Court, however, went even farther. It declared that the gathering of petitions for recall of a federal officeholder was in itself unconstitutional. It issued a cease-and-desist order to the organization gathering those petitions. This was a direct violation of the 1st Amendment. The US Supreme Court declined to grant cert to the appeal. Thus, the Church precedent has become settled law nationwide by citation, and in New Jersey, the Menendez precedent stands in that state as settled law.
This is similar to the term limits case that appeared before the US Supreme Court some thirty years ago. The Court ruled that states could not apply term limits to federal officeholders because the Constitution is silent on the matter. Term limits can only be applied by way of a constitutional amendment. Thus, the 10th Amendment does not apply to federal officeholders.