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It Can't be Done??? (The Recall of Mary Landrieu)
MoveOnMary.org ^

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government; US: Louisiana
KEYWORDS: landrieu; louisiana; marylandrieu; recall; senate
This action if achieved would set precedent and lead to our senators and representative being less inclined to thumb their noses at their constituents (especially senators).

Everyone, “We the People” need to support these folks as we have Scott Brown!

1 posted on 01/18/2010 9:41:53 AM PST by Errant
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To: Errant

So, what’s the hold up?


2 posted on 01/18/2010 9:47:11 AM PST by kempster
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To: kempster

get some signatures. Post people at the Super Dome next Sunday night for the Saints game.


3 posted on 01/18/2010 9:49:40 AM PST by scooby321
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To: Errant

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.


4 posted on 01/18/2010 9:53:30 AM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: Errant

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.


5 posted on 01/18/2010 9:57:03 AM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: Errant

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.


6 posted on 01/18/2010 9:57:42 AM PST by Anitius Severinus Boethius
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To: Errant

recall is to polite.... they should go with tar and feathers and a ride out of town on a rail.


7 posted on 01/18/2010 9:58:35 AM PST by madamemayhem (defeat isn't getting knocked down, it's not getting back up)
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To: Errant

A good link that describes which states can recall Senators and the grounds necessary.
http://www.ncsl.org/LegislaturesElections/ElectionsCampaigns/RecallofStateOfficials/tabid/16581/Default.aspx

In Louisiana, one of the 18 states that allows recall, here are the particulars

Who can be recalled-
All but judicial officers
Signature requirements-
“ 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


8 posted on 01/18/2010 10:01:21 AM PST by Wild Irish Rogue
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To: o_zarkman44
"A repeal of the 17th Amendment"

It seems the majority doesn't wish to tinker with the constitution during the reign of King Obama.

9 posted on 01/18/2010 10:03:34 AM PST by Errant
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To: Anitius Severinus Boethius

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.


10 posted on 01/18/2010 10:04:25 AM PST by Sherman Logan (Never confuse schooling with education.)
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To: shield

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.


11 posted on 01/18/2010 10:05:54 AM PST by RouxStir (No peein' allowed in the gene pool.)
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To: Errant
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.

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.

-PJ

12 posted on 01/18/2010 10:06:57 AM PST by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: Errant

Obama is king of constitutional tampering.

Only the people can stop it.


13 posted on 01/18/2010 10:07:15 AM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: Errant

Great idea !! Does anyone have a list of the other 17 states that have similar provision(s) for recall ?


14 posted on 01/18/2010 10:08:32 AM PST by BobbyinCT
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To: Political Junkie Too
"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."

Good point...

15 posted on 01/18/2010 10:22:31 AM PST by Errant
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To: shield

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.


16 posted on 01/18/2010 10:26:12 AM PST by murron (Proud Mom of a Marine Vet)
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To: Errant

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.


17 posted on 01/18/2010 10:28:11 AM PST by CutePuppy (If you don't ask the right questions you may not get the right answers)
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To: murron; RouxStir
I would love to see her recalled...I hope yawl are right.


18 posted on 01/18/2010 10:30:34 AM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: Errant

http://www.batonrougeteaparty.net/Recall/tabid/178/Default.aspx


19 posted on 01/18/2010 10:37:53 AM PST by cajuncow
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To: o_zarkman44
A repeal of the 17th Amendment would allow the recall of every member of Senate.

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.

20 posted on 01/18/2010 10:40:36 AM PST by CutePuppy (If you don't ask the right questions you may not get the right answers)
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To: CutePuppy
"So all these recalls of Senators are exercises in futility."

Maybe, but it is also very educational and lets Ms. Landrieu know that many are VERY unhappy with her.

Certainly giving preferences to states to in effect buy the senator's vote IS unconstitutional according to Article 1, Section 8:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

21 posted on 01/18/2010 10:53:43 AM PST by Errant
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To: Errant
And another thing, in the same article 1, section 8, congress is given the following powers:

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

So WHY has congress neglected its responsibility to enact legislation to prosecute and punish agents of al qaeda? It is the height of stupidity to expect to do so within a judicial system designed for American citizens.

Finally, practically every act, law or rule invented by the POTUS without the consent of congress is unconstitutional...

22 posted on 01/18/2010 11:09:17 AM PST by Errant
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To: Errant
The United States Constitution
23 posted on 01/18/2010 11:15:06 AM PST by Errant
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To: Errant
Maybe, but it is also very educational and lets Ms. Landrieu know that many are VERY unhappy with her.

True, but if she doesn't know it already, she is deaf, blind and dumb. And I can assure you she is neither. It may be educational for the rest of the electorate in Louisiana, who normally don't pay attention to issues, and if so, then it may have some "educational" value for the state, if that cannot be accomplished cheaper and more properly.

Certainly giving preferences to states to in effect buy the senator's vote IS unconstitutional according to Article 1, Section 8:

Certainly, but "buying" and "selling" votes by Representatives and Senators is done every day in the halls of Congress. As a matter of fact, that's what entire "seniority" system in Washington (and State Houses and municipalities) is based on, and for the most part, the "states" are just fine with it when it benefits them. Seniority is even promoted during the elections as the reason to send long-time incumbents back to Washington - to have someone there "help" the state to federal pork. And it certainly affects people's decisions during elections.

Sad, but true.

24 posted on 01/18/2010 11:55:10 AM PST by CutePuppy (If you don't ask the right questions you may not get the right answers)
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To: CutePuppy

Do you really expect the federal government to believe the voters can make our own decisions? Or even live with them?

I trust my state legislators far and beyond any trust I have for Feral government.
In my state Capital building, I can walk into any open door of any legislator and have interaction with staff, or in many occasions, the actual Rep. And they do still listen. Why? Because change always starts with the people first. Not the government. And local politicians are much more visible and entirely accountable to their state citizen.
But travel to DC is impractical and costly. And just how much access do we the people actually have to our Feral Rogues?
Very little.

Prior to the 17th, the state legislature had to VOTE for the Senate appointee. Nobody was appointed without a vote so you are incorrect.


25 posted on 01/18/2010 12:03:50 PM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: o_zarkman44
"Certainly, but "buying" and "selling" votes by Representatives and Senators is done every day in the halls of Congress."

Obviously this is something that has gone on for far too long. In the case of blatant disregard it needs to be STOPPED now with punitive action if possible and removal from office off all conspirators involved. It seems like many in Washington are too happy to disregard the constitution instead of fulfilling their sworn oath to uphold it. An example of such less honorable legislators is sorely wanting.

26 posted on 01/18/2010 12:35:43 PM PST by Errant
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To: o_zarkman44
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.

Did they have better state legislatures in those days? That system would be better only if the state legislatures were more honest, wiser, had better judgment and less self-interest than the voters who elected them. Which seems unlikely -- there's a reason for all those jokes about the stupidity and venality of state legislators!

27 posted on 01/18/2010 2:43:48 PM PST by maryz
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To: maryz

“Did they have better state legislatures in those days?”

Maybe. Maybe not. But with the spontaneous electronic communications of modern society there is absolutely NO REASON that people can’t be more involved in the process.


28 posted on 01/18/2010 4:53:10 PM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: lsucat; Roux; Pikachu_Dad; WFTR; chemicalman; abb; Liberty911; CajunConservative; LSUfan; ...

Pelican State ping


29 posted on 01/18/2010 6:51:56 PM PST by rrstar96 (Strength and Honor!)
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To: Errant
Oh boo hoo, LA had a chance to vote her out in 08. They failed.
30 posted on 01/18/2010 7:34:56 PM PST by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: TornadoAlley3
Yea, she managed to fool the majority of people in Louisiana in the last election. She also managed to earn herself a reputation that will forever stain her record as a United States Senator.


31 posted on 01/18/2010 8:00:45 PM PST by Errant
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To: Errant
Memo to Congress: Kiss jobs good-bye
32 posted on 01/18/2010 8:12:48 PM PST by Errant
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To: shield

24-A ELECTIONS – Recall
U.S.C.A. Const. Art. I, § 5
U.S.C.A. Const. Amend X
LSA-R.S. 18:1300.1 et seq.
The United States Constitution has reserved to Congress the power
to determine the qualifications of its own members and to expel its
members when necessary. Because this is a power reserved for the
individual Houses of Congress, the Tenth Amendment of the United
States Constitution does not reserve to the states the authority to
remove members of Congress from office.
La. R.S. 18:1300.1 et seq. are not applicable to members of
Congress and any recall attempt to that effect cannot proceed.

Remember they tried to recall Cao?
http://www.ag.louisiana.gov/Shared/ViewDoc.aspx?Type=4&Doc=19389


33 posted on 01/19/2010 7:45:50 PM PST by diji (IF YOU DON'T STAND BEHIND OUR TROOPS, PLEASE, FEEL FREE TO STAND IN FRONT OF THEM !)
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To: TornadoAlley3

Oh boo hoo, LA had a chance to vote her out in 08. They failed.

It wasn’t because some of us didn’t try. Maybe 2014 will be the charm. Anyway, I will sign any petition releaving her of her duties - even if it doesn’t work. I want her to know we won’t forget and we are coming for her.


34 posted on 01/20/2010 6:26:42 AM PST by Bitsy
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To: Bitsy
It wasn’t because some of us didn’t try. Maybe 2014 will be the charm.

OK, New Orleans is officially insane. Just heard this AM on radio that Mitch Landrieu (the squirrels brother) has a 45% rating in the run for mayor of New Orleans. We have the possibility of ousting one idiot and New Orleans is going to elect the other. There is truly no helping them.

35 posted on 01/21/2010 6:37:10 AM PST by Bitsy
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