Is a State-Based Recall of a U.S. Senator Constitutional?

The American Thinker ^ | April 01, 2010 | John Armor

[Scanian]

Whether citizens of a state have the right to recall from office a sitting U.S. senator is no longer an academic question. The second-highest New Jersey appeals court has just ruled that such an effort can proceed against Sen. Robert Menendez (D-NJ).

Several other states have provisions in their state constitutions and laws that may also allow recall efforts. And by the common provision of initiative by the people of state laws and constitutions, similar processes could be established in other states.

So the question that has never been raised in the U.S. Supreme Court before will most likely be decided there within the next year.

[hondact200]

Wonder if the ruling can be done to recall the Pantywaist Pissant. I support a recall of the Senators in Michigan. Plus a recall of Bart kaputs Stupak in the UP of MI. Lets rid the US of the parasites.

[mikey_hates_everything]

It would also give the people a final say regarding seats that are deemed to be owned by families or elitist groups.

[DuncanWaring]

Ping.

[Repeal The 17th]

Another good one from John.
Thanks.

[DuncanWaring]

From your article: In 1610, the free citizens from the Mayflower signed a Compact ...

Actually 1620.

[Jabba the Nutt]

In the original Constitution, the US Senate was created to represent the interests of the States and the House, was the People's House to represent their interests.

Senators were appointed and I believe the could be recalled, if their State Legislatures didn't like what they were doing. I don't know this for sure, but if the State Legislature could recall US Senators, why wouldn't the sovereign people of the State be able to recall their Senator?

I do know that State Legislatures could send instructions to their Senators on how they wanted them to act.

[Scanian]

Glad you liked the post.

[Congressman Billybob]

To you, and to all who read this thread:

The website which gives information about all the state laws on recall, go to www.recallcongressnow.org Those states which do not have recall, but DO have the initiative process, citizens can write recall into their constitutions, and then use it.

John / Billybob

[Eagle Eye]

Agree, don’t even know why this would be a question.

I’m all for state funding their own congressional reps so that the reps remember who pays their checks.

As it is Congress is on federal payroll and serves federal interests before state and local constituencies.

[neverdem]

bump & a ping

[neverdem]

Glad you liked the post.

I'm glad you posted this analysis in News/Activism. It can go in the editorial sidebar, unlike articles posted as blogs or chat. It's very interesting and timely.

[neverdem]

Tenth Amendment Ping! Thanks for making the Tenth Amendment relevance, John.

[ForGod'sSake]

Thanks neverdem. Added to the ping list for future reference.

[Smokin' Joe]

I’m all for state funding their own congressional reps so that the reps remember who pays their checks. As it is Congress is on federal payroll and serves federal interests before state and local constituencies.

That would go well with a repeal of the 17th Amendment.

[Eagle Eye]

Exactly. We don’t need 6 year congressmen.

[Still Thinking]

It would also give the people a final say regarding seats that are deemed to be owned by families or elitist groups.

Well, if whatever group supports them has enough influence to buy/swing a regular election, they could probably also do so with the recall election. Just because someone is recalled doesn't mean they can't run for the seat in the resulting election just like anyone else.