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To: Sherman Logan

The Constitution enumerates the powers given to the government. If the Constitution does not specifically prohibit a state from recalling a senator then it is left to the state. Some states allow for recall of senators although it has never been done and would be extremely difficult and be drawn out (the jackass in question would be timed out on his term). The Constitution only addresses how long the term shall be, a term is no longer than 6 years before requiring the senator to run again, but does not specify anything about that term being inviolate. If a senator commits murder and is sent to prison is the state stuck with his name on the ballot even though he cannot serve? If a senator is appointed as an ambassador does he/she retain the seat for the rest of the six years? If a senator dies, do they prop the corpse in the seat until the six years is up? Arizona should press to test and go forward with recalling midget-mind mclame.


24 posted on 07/25/2012 8:28:55 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: RJS1950
If a senator commits murder and is sent to prison is the state stuck with his name on the ballot even though he cannot serve?

Yep. Though if he doesn't resign, the Senate can remove him.

If a senator is appointed as an ambassador does he/she retain the seat for the rest of the six years?

The traditional approach has been for senators to resign, but if he didn't, I'm not sure there's any mechanism other than the Senate itself by which he can be removed. Unless being out of the country qualifies as a "vacancy" under the 17th.

If a senator dies, do they prop the corpse in the seat until the six years is up?

17th Amendment again: "When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

You will, however,note that while the 17th contains provisions delegating filling of vacancies to the state executive and legislative entities, there is no such provision for recall.

IMO recalling a senator might not be a bad idea, but would require a (federal) constitutional amendment.

34 posted on 07/25/2012 10:16:17 AM PDT by Sherman Logan
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To: RJS1950

Congressional Research Service report on whether sitting members of Congress can be recalled.

http://www.fas.org/sgp/crs/misc/RL30016.pdf

Answer: No.


35 posted on 07/25/2012 10:21:35 AM PDT by Sherman Logan
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