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To: Hostage; Cheerio; Publius; Impy; fieldmarshaldj

So the Texas state legislature can recall Cruz and replace him with RINO Dewhurst, the NH Democrat legislature can recall Ayotte and name some moonbat Democrat, the RAT state legislature in AR can replace Boozman with some “Blue Fraud” who will vote as Harry Reid tells him, the NV legislature can replace Heller with Harry Reid’s son, and even if we elect a Republican to the Senate from WV, MN or NJ the state legislature could just recall him and replace him with a moonbat? No, thanks.


90 posted on 06/23/2013 8:07:41 AM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll defend your rights?)
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To: AuH2ORepublican
Senators cannot be recalled, or impeached/removed by their state legislatures. It's true that some state constitutions permit such things, but the US Constitution trumps state constitutions via Article VI. Both federal courts (1967) and state courts (2013) have recognized this via litigation and case law.

Likewise, states cannot place term limits on senators or congressmen, as litigated decades ago in federal court.

Bottom line: no recall, no impeachment, either by voters or state legislatures. A senator can be removed by failure to re-elect, resignation, death, or expulsion by two-thirds of the Senate, but by no other means.

92 posted on 06/23/2013 8:16:43 AM PDT by Publius
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To: AuH2ORepublican

AR has a GOP legislature now.


93 posted on 06/23/2013 8:22:43 AM PDT by fieldmarshaldj (Resist We Much)
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To: AuH2ORepublican

Recall means new election, not defacto replacement.

Recalls by state legislatures would put states back at the table with the federal government. Voters would still vote for US Senators because the 17th would not be repealed. Only a new amendment would allow state legislatures to recall wayward US senators.

Recalls could be expensive so it is expected state legislatures would recall only if there was broad public support. Otherwise US Senators could continue to do what they do now which is to thumb their nose at the state and break any promises to voters.

Or look what Cruz called McCain on regarding the immigration bill. Cruz said the dirty secret that incumbents don’t want their voters to know is they can vote for a bill to go forward to a final vote knowing full well the bill will pass and yet they vote against it in the final vote to take cover; they can tell their constituents they voted against it.


94 posted on 06/23/2013 8:45:50 AM PDT by Hostage (Be Breitbart!)
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