Posted on 11/14/2013 8:17:19 PM PST by publius321
U.S. Constitution trumps the state. There has never been a provision for recall of federal officials.
that is because states determine if their senators and reps can be recalled.
Why? My mother and her family were from Arizona. I've been hearing about him all my life. I even remember going to the GOLDWATER stores in Phoenix while Barry was still alive.
McCain was a hero. I'm amazed he turned out as sane as he did after all those years as a POW in Hanoi.
Now, he's just a politician, just like all the other politicians.
YOU do more research....
nope, otherwise all state and local gun laws would be null and void due to the second amendment, which says NO infringement.
the constitution also is now silent on alcohol, yet some areas are dry and some are not, at the local level.
states are allowed to define all laws for their elections and electors.
Whatever
Well, good luck in trying to get that state recall provision upheld in any federal court for a federal official.
There’s also nothing in there that says a state cannot recall. It’s the state’s business as long as they do provide a Senator to represent them. What isn’t enumerated in the constitution is reserved for the states. This is federalism. I’m surprised there are people so willing to be subjects of the leviathan.
you can also look at the constitution, there’s nothing in it that prohibits the recall of senators and representatives, either.
since states have always determined their own qualifications for electors, and basically determine everything about it, if they want to recall them ,that power rests with them as well.
haha. EXACTLY!
John McCain is like a jug of OLD milk. -WAY past the expiration date, thus harmful to all people who drink.
Time to pour old John DOWN the john...
You really think he would honor it?
Article I, Section 5 of the U.S. Constitution:
"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."
And that is the only way a sitting Senator can be removed from office.
It is enumerated in the Constitution. Article I, Section 5 details the only method allowed for removing a sitting Senator or Congressman.
That is most assuredly NOT the case.
U.S. Senators and U.S. Congressmen are not subject to recall. Period. The U.S. Constitution makes no provision for this action and, upon election, they are subject to federal law, not state law.
Officers Subject to Recall; Petitioners
Every public officer in the state of Arizona, holding an elective office, either by election or appointment, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to such office.
Well and good. Except that, upon election, U.S. Senators and U.S. Congressmen are federal officers; they are not subject to state law.
They cannot be recalled. Period (which, in this case, is an accurate use of the exclusive term).
U.S. Senators and U.S. Congressmen are federal officers and subject to federal law, not state law.
My source is the U.S. Constitution and this issue was resolved long ago.
That's my understanding.
the us constitution has zero language in it that prohibits recall of sentors and representatives.
it explains the enumerated powers fedgov has. there is no enumerated power reserving this power to fedgov.
further nothing in it specifically tells states they cannot recall their electors.
therefore this recall power is a tenth amendment issue, with this ability remaining residing with the people and the states.
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