Skip to comments.It Can't be Done??? (The Recall of Mary Landrieu)
Posted on 01/18/2010 9:41:52 AM PST by Errant
There are lots of issues that the U.S. Constitution does not address. That's why our founding fathers later included the 10th Amendment (link). It states simply, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In simplest terns, since the U.S. Constitution has NOT provided a means for the citizens to remove Representatives or Senators and has NOT forbidden the States or the people from doing so, then it is reserved to the States or the people. Fortunately, Louisiana is one of the 18 states that have passed laws providing for the recalling of "Any public officer" other than judges. U.S. Representatives and Senators or NOT judges, so can be recalled.
(Excerpt) Read more at moveonmary.org ...
Everyone, We the People need to support these folks as we have Scott Brown!
So, what’s the hold up?
get some signatures. Post people at the Super Dome next Sunday night for the Saints game.
A repeal of the 17th Amendment would allow the recall of every member of Senate. Prior to the implementation of the 17th, every member of the US Senate was APPOINTED by the respective state legislature to represent the STATE. They were not elected. Made no campaign promises, owed nobody any favors except to honor states wishes within congress.
If they failed in their duties, their State Legislature could recall and fire the Senator.
The 17th Amendment allowed Senators to be voted in by the people of the state.
I understand from a politically active citizen in Louisiana...it can’t be done. He said they tried to do this to Gov. Blanko and it was not possible.
The tenth amendment does indeed provide for all rights not stated in the Constitution to be the property of the States and the people. However, in the removal of a Senator from the Senate, the Constitution gives that power to the Senate, so the tenth amendment does not give that power to the States or the people.
Article I Section 5
Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
recall is to polite.... they should go with tar and feathers and a ride out of town on a rail.
A good link that describes which states can recall Senators and the grounds necessary.
In Louisiana, one of the 18 states that allows recall, here are the particulars
Who can be recalled-
All but judicial officers
“ Signature requirements are based on a formula,
generally a percentage of the vote
in the last election for the office in question,
although some states base the formula
on the number of eligible voters or other variants. “
Louisiana has a high threshold-one third of eligible voters.
Petition circulation time-180 days
It seems the majority doesn't wish to tinker with the constitution during the reign of King Obama.
Right. It amazes me how many supposed constitutionalists are willing to ignore the plain language of the Constitution when it suits them.
The Constitution says a senator serves a six-year term. Nothing about “six years unless he becomes really unpopular with the voters at home.” In fact, the whole point of having a Senate was originally to have one house be farther removed from popular control.
I am pretty sure your acquaintance is incorrect about the ability to recall a governor in Louisiana. This issue re Landrieu concerns the fact that there is no mechanism provided in the US Constitution for recalling Congressmen. The Secretary of State of Louisiana has issued a statement that US Congressmen CANNOT be recalled. Even an attempt to do so would require a huge legal battle on interpretation of the US Constitution and the state constitution.
I'm not sure about that.
The Constitution expressly grants Congress the power to be the judge of its own members in Article I Section 5.
Obama is king of constitutional tampering.
Only the people can stop it.
Great idea !! Does anyone have a list of the other 17 states that have similar provision(s) for recall ?
My husband contacted the Atty. General’s Office here in Louisiana, and he was mailed a copy of the law regarding recalling elected officials in our state. It mentions who can be recalled, and regarding a U.S. Representative or Senator, the law isn’t clear. The attorney general, however, states that, “in his opinion”, a U.S. Senator cannot be recalled due to the fact that Federal law would supercede state law, and that Federal law doesn’t specifically call for recalling a U.S. Senator.
Keep in mind that the person who is stating his opinion is a Democrat, just as Hillary Landrieu is. In other words, there is nothing stating that it cannot happen, and it would be up to Landrieu and her people to challenge the results.
It doesn’t matter if Louisiana is one of 18 states, recalls are only for state elections and state officials.
SCOTUS ruled that members of House of Representatives and Senators are federal employees, and as such cannot be recalled by states electorate once elected and seated.
So all these recalls of Senators are exercises in futility.
Not really. See my post #17 - post number is purely coincidental.
Made no campaign promises, owed nobody any favors ...
Nobody, except to those people or groups who appointed them... Back to smoke-filled rooms and cronyism?
People elect a Senator to a six-year term; maybe they should live with their [contract] decisions, and next time take elections more seriously.