The U.S. Constitution provides for Senators to be elected to 6-year terms, and the only clause that provides for cutting short a Senator’s term is in Article I, in which each house may expel a member by a 2/3 vote. Several states have approved laws that purported to allow voters to recall members of Congress (I have no idea whether Nebraska is one of those states), but courts have made clear that recall votes for members of Congress do not have the force of law. The only bite that such recalls may have is if the member of Congress in question had earlier pledged to resign if recalled; while such member could go back on his word and not resign, it would but him in a difficult situation when he’s up for reelection.
We’ll vote out Ben Nelson in 2012 and retake the Senate (after retaking the House in 2010). I hope that Congressman Fortenberry (a 100% conservative) runs.
So the Constitution does not specifically say the States can not remove a sitting Senator and I can’t find a case where a state has attempted to do so aside from the Civil War (because of succession).
I say, give the Constitution clearly says the States are responsible for deciding how a Senator is elected and setting in motion the process, they have the right, under the 10th to remove a Senator.
It’s time for a State to do just that and challenge it up to the USSC, and if the State does not prevail in the highest court, invoke their 10th Amendment rights and try again. Nebraska would be a perfect state for a test.