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To: faithhopecharity
Regrettably, if enacted, the recall law will be declared unconstitutional.

Federal officeholders -- senators and congressmen -- cannot be recalled. This issue has been litigated both in federal court (Frank Church, Idaho, 1967) and state court (Robert Menendez, New Jersey 2013).

Although Justice Clarence Thomas believes that states should have the right of recall under the 10th Amendment, getting four other justices to agree with him will be a high hill to climb, especially considering the case law already on the books.

13 posted on 01/31/2020 4:54:18 PM PST by Publius ("Who is John Galt?" by Billthedrill & Publius available at Amazon.)
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To: Publius

Thanks.


73 posted on 01/31/2020 5:08:52 PM PST by faithhopecharity ( “Politicians are not born; they are excreted.” Marcus Tullius Cicero (106 to 43 BCE))
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To: Publius

I would imagine senators could be recalled if Amendment 17 to the US Constitution were repealed.

Which it should be, anyway, even without a need to recall senators.

It converted the Senate from an instrument for the states to keep FedGov on a short leash into just a more expensive/exclusive version of the House.


154 posted on 01/31/2020 6:25:10 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Publius

It’s settled, just like Dred Scott!


159 posted on 01/31/2020 6:41:22 PM PST by Phil DiBasquette
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