Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: SeekAndFind

Does Utah have a recall provision?


180 posted on 02/07/2020 6:13:53 PM PST by vladimir998 ( Apparently I'm still living in your head rent free. At least now it isn't empty.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: vladimir998
Utah does not have a recall provision, but that makes no difference. If enacted, a Utah 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.

181 posted on 02/07/2020 6:17:13 PM PST by Publius ("Who is John Galt?" by Billthedrill & Publius available at Amazon.)
[ Post Reply | Private Reply | To 180 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson