Posted on 11/21/2009 7:42:58 PM PST by Texas Fossil
Agree.. it might put a little fear into them.
I have been told several times tonight that Recall does not apply to Congressmen or Senators. Only removed by impeachment, the Congress with the Senate hearing the trial.
I am afraid that is the case after examining it.
It might be possible for a member of Congress to be impeached, but it would be silly. Impeachment requires a simple majority in the House and two-thirds in the Senate. Expulsion requires only a two-thirds vote in one house.
The only time impeachment would make sense if the House could get a majority, but not 2/3, for expulsion of one of its members; that’s a fairly narrow case and a lot of rigamarole to remove one rep of 435. There is no case where it would make sense to impeach a senator.
A study by the Congressional Research Service: http://lugar.senate.gov/services/pdf_crs/Recall_of_Legislators_and_the_Removal_of_Members_of_Congress_from_Office.pdf
The Constitution is specific about the time and manner of selecting members of Congress, and that the individual houses of Congress have jurisdiction over the qualifications and expulsion of their members. Recall was considered and rejected by the Constitutional Convention, so there isn’t a lot of leeway in divining their intent.
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