Posted on 01/08/2010 3:16:20 AM PST by Scanian
The blog And So It Goes in Shreveport notes that a petition to recall Senator Mary Landrieu has been accepted for filing by the Louisiana Secretary of State. Citizens have 180 days to file enough signatures to get this on a ballot:
"Via Caught Him With a Corndog, there is an active petition to recall Senator Mary Landrieu:
'On Dec. 29, a recall petition was filed by Ruben Leblanc of New Iberia, for the recall of Mary Landrieu. Sec. of State Jay Darden stated that he WILL accept the filing.'
Kinda like chicken fried bacon, this limited time offer won't last. Citizens have 180 days starting Dec. 29 so get with it today if you would like to see Me-ry 'Louisiana Purchase' Landrieu hit the bricks before her service is up.
Go here for details and here to see the case for a recall.
If the story reported by The Dead Pelican this weekend holds true, that she used her vote for Obamacare to bargain for national democratic support for her brother's mayoral campaign, I'd say more than a recall is in order. We're keeping our eyes on that story and will update accordingly."
The blog Caught Him with a Corndog first broke the story and has a follow up to it :
(Excerpt) Read more at americanthinker.com ...
What?
I would speculate that it is not enforceable. There is no provision within the 17th or within the Constitution that allows for voters to recall an elected Senator.
The United States Constitution expressly establishes the exclusive qualifications for congressional office, sets the specific length of terms for Members of the House and for Senators, and places the authority within each House of Congress to judge the elections and qualifications of, and to discipline and remove, its own Members. These provisions of the United States Constitution, with respect to federal officials, have supremacy over State laws and provisions, and State laws in conflict with such constitutional provisions have been found by the courts in the past to be invalid. Although the language of some State recall laws might be broad enough to include Members of Congress, or might even explicitly include such federal officers, such statutes would not appear to be effective in overriding the provisions of the United States Constitution with regard to terms of office, elections and removal of Members.
I believe that it varies by state.
I am not so sure. However, I do agree with you that it probably would not be enforceable. However, The Seventeenth Amendment does not affect the restriction in Article I, § 4, cl. 1, which prohibits the Congress from exercising a power to “make or alter” state regulations of elections in order to determine where Senators must be chosen.
If recall isn't specifically prohibited, one would think that it's up to state law and Lousiana's citizens to determine who represents them in the Senate.
Oh, forgot to mention. Legal or not, it’s probably not enforceable. Democrats brazenly violate the law and retain their seats, as it it’s an entitlement. Shall I list a few names?
wrong, SOS said it cannot be done, have to go to court.
Congressman Billybob, any insights into this? There must be SOME constitutional way provided for voters to remove non-representing representatives.
“These provisions of the United States Constitution, with respect to federal officials, have supremacy over State laws and provisions, and State laws in conflict with such constitutional provisions have been found by the courts in the past to be invalid. “
That conflicts with the 10th amendment, and the 10th hasn’t been rescinded. Looks like another fairy tale interpretation by the marxists in black robes. Time for states to exercise their nullification option.
It’s up to the individual State. New Jersey has a recall provision and a recall petition is just getting under way there.
I agree - the exercise is worth it. If these recalls spring up around the country, it will send a message to the critters in DC. Who knows, some state may luck out and get a friendly judge on the challenge.
Members of Congress cannot be recalled even if state law allows for recall petitions. Other than being voted out of office the only options are resignation or being disbarred by Congress itself. However, it might be possible to pressure for a resignation by declaring a jihad on local Democrats. If the state Democratic party is looking at extinction because of a member of Congress they might pressure their Congress critter to make an exit.
Its too bad all states don’t have recall petition amendments.That would cut down on senators getting elected to screw their voters for 5 years before having to worry about being held accountable.
How d’ya suppose Ben Nelson would do about now?
The petition was rejected by Jay Dardenne in the same vain that the petition to recall Congressman Cao was rejected. It was filed on Monday, Jan. 4, 2010 and rejected on Tuesday, Jan. 5, 2010 by Dardenne.
See story at this Gannett link. Can’t post excerpts:
http://www.thenewsstar.com/article/20100108/NEWS01/1080316
“It’s up to the individual State. New Jersey has a recall provision and a recall petition is just getting under way there.”
**REALLY?** I live in Jersey first I heard of it..Who we recalling?
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