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To: 0.E.O

Conjecture and opinion is believing that there are other remedies outside of those provided in the Constitution
The Constitution is not a be-all-and-end-all grant of absolute authority to the USA’s central government. Therefore, there are other remedies, when they do not contradict the federal law (per the Supremacy Clause), and recall does not do so since it does not act against the federal government’s authority in this vein.

The 10th Amendment says that powers not delegated to the United States are reserved to the states unless prohibited. The Constitution says that the ability to remove a sitting official is a power reserved to the United States, as outlined in the impeachment process. Therefore it is not a power allowed to the states
Bottom line is that recall election is not the same thing as impeachment, and since the federal law does not explicitly prohibit it, it is simply not prohibited.

Incidentally, the Tenth Amendment says that such rights are reserved to the states or the people.

And as for Rubio, I ackowledged already that Florida has no recall process in its set of state laws. Either way, the people could initiate it of their own volition.
107 posted on 06/18/2013 10:11:21 AM PDT by Olog-hai
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To: Olog-hai
Therefore, there are other remedies, when they do not contradict the federal law (per the Supremacy Clause), and recall does not do so since it does not act against the federal government’s authority in this vein.

Can a state recall a president then? Say, for example, it's 2003 and the people of New Hampshire are fed up with George Bush. So they launch a recall election and it passes, and the result is they take their 4 electoral votes away from Bush. At that point Bush does not have the requisite 268 electoral votes. Does that throw the election to the Congress 3 years after the fact? Nothing in the Constitution specifically says that New Hampsire can't do that. So by your definition then shouldn't it be possible?

Bottom line is that recall election is not the same thing as impeachment, and since the federal law does not explicitly prohibit it, it is simply not prohibited.

I'm sorry, you are simply wrong in that.

Incidentally, the Tenth Amendment says that such rights are reserved to the states or the people.

Unless it is a power delegated to the United States. And impeachment is. Impechment is the only constitutionally-approved way of removing a sitting official from office.

And as for Rubio, I ackowledged already that Florida has no recall process in its set of state laws. Either way, the people could initiate it of their own volition.

They can. In 2016 when he is up for re-election. Voting him out of office in the general election is the only recall option open to them. Or any other state.

109 posted on 06/18/2013 10:49:44 AM PDT by 0.E.O
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