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To: skinndogNN
Regrettably, if enacted, a 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.

28 posted on 02/06/2020 2:24:00 PM PST by Publius ("Who is John Galt?" by Billthedrill & Publius available at Amazon.)
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To: Publius

Some of the Amendments written after the Civil War were poorly written. Goes to show you they were not clearly thought out like the ones written by our Founders. The 14th allowed for birth right citizenship but did not clarify that the parents needed to be American Citizens either born here or brought here as slaves. The 17th allowed for direct election of Senators but did not give the states any kind of remedy for a rogue senator who acts against the best interest or the will of the citizens of their respective states.


35 posted on 02/06/2020 2:43:09 PM PST by lone star annie
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