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tangent4ronpaul
11-21-2009, 09:06 PM
Yes - I know - for this to work we would have to overturn a 1967 court case, but what do we have to loose - especially with the ease of electronic petitions. At the very least, it will hurt a candidate politically and make then re-consider their vote.

Any ideas on how to overturn that case?

The E-How article is wrong. That doesn't mean it's not worth trying.

From Wikipedia:
http://en.wikipedia.org/wiki/Recall_election
United States Senator Frank Church of Idaho was the subject of an unsuccessful recall effort in 1967.[6] Courts ruled that a federal official is not subject to state recall laws. See also the similar unsuccessful effort in 2009 to recall Anh "Joseph" Cao, U.S. representative for Louisiana's 2nd congressional district.

http://www.ehow.com/how_2096900_recall-us-senator.html

How to Recall a U.S. Senator

Senators have to find a balance between voting their conscience and voting as their constituents would like. If senators vote their conscience too heavily, constituents tend to get angry. When this happens, constituents may ask for a recall of their U.S. Senator.

1.
Step 1

Consider your location. Few states allow for a recall of a senator—only 18 and the District of Columbia. If you're not living in one of these states you have no constitutional rights to recall.
2.
Step 2

Determine the grounds for recall. You'll need this information to make your case to the population but in 7 of the 18 states specific grounds are actually required. In these states, if your reasons don't measure up, you won't be allowed to proceed with the recall.
3.
Step 3

Get signatures. You'll need a petition to get a recall election. The number of signatures is usually a percentage of the voters at the last election but this differs by state.
4.
Step 4

Prepare for a response. At some point during the process, the senator will be notified that a petition for recall is being circulated. She will then have a chance to respond to the allegations.
5.
Step 5

Get voters to the recall election. Once the recall election is granted, alert the community and get them out to vote. The ballot will ask whether or not the senator should be recalled and the state may hold an election at the same time to elect the next person for that office.

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The 18 states allowing for recall are as follows: Alaska, Arizona, California, Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington and Wisconsin.
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A website or a phone campaign are good ways to get your petition going. Going door-to-door is also an option although it is more time consuming than the other two. This is important since you only have a set number of days to obtain the correct number of signatures—anywhere from 30 to 180 days.
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You will be fighting an uphill battle to recall a U.S. Senator. No member of Congress has ever been recalled in the history of the United States.

Alaska, Begich, Mark - (D - AK)
Arizona, - all repubs
California, Boxer, Barbara - (D - CA) , Feinstein, Dianne - (D - CA)
Colorado, Bennet, Michael F. - (D - CO) , Udall, Mark - (D - CO)
Georgia, - all repubs
Idaho, - all repubs
Kansas, - all repubs
Louisiana, Landrieu, Mary L. - (D - LA)
Michigan, Levin, Carl - (D - MI) , Stabenow, Debbie - (D - MI)
Minnesota, Franken, Al - (D - MN) , Klobuchar, Amy - (D - MN)
Montana, Baucus, Max - (D - MT, Tester, Jon - (D - MT)
Nevada, Reid, Harry - (D - NV)
New Jersey, Lautenberg, Frank R. - (D - NJ) , Menendez, Robert - (D - NJ)
North Dakota, Conrad, Kent - (D - ND) , Dorgan, Byron L. - (D - ND)
Oregon, Merkley, Jeff - (D - OR) , Wyden, Ron - (D - OR)
Rhode Island, Reed, Jack - (D - RI) , Whitehouse, Sheldon - (D - RI)
Washington, Cantwell, Maria - (D - WA) , Murray, Patty - (D - WA)
Wisconsin. Feingold, Russell D. - (D - WI) , Kohl, Herb - (D - WI)

I count 25 representing states that have recall provisions.

Remember, actually getting these folks recalled - while ideal - isn't necessarily the goal. Simply doing such a campaign will damage them politically and hopefully make them back down on the health care bill and cap and trade.

-t

tangent4ronpaul
11-21-2009, 09:41 PM
This is interesting. It looks like a campaign to get a recall amendment to the Constitution is what would be needed.

I bet even Dems would back that.

http://lugar.senate.gov/services/pdf_crs/Recall_of_Legislators_and_the_Removal_of_Members_o f_Congress_from_Office.pdf

-t

tpreitzel
11-21-2009, 09:44 PM
This is interesting. It looks like a campaign to get a recall amendment to the Constitution is what would be needed.
-t

No on amending the US Constitution. Axing the 17th amendment is a good start, though.

tangent4ronpaul
11-21-2009, 09:46 PM
not recalling the Constitution - an amendment to allow recalling Reps and Sens.

otherwise - what is the objection?

-t

tpreitzel
11-21-2009, 09:49 PM
not recalling the Constitution - an amendment to allow recalling Reps and Sens.

otherwise - what is the objection?

-t

No on amending the US Constitution. This subject has been discussed at length in these forums. Axing the 17th amendment is a good starting point, however, if initiated by 2/3 of the US Congress. Lastly, I have no objection to the citizens of the 18 states initiating a recall of their respective senators. Again, no on amending the US Constitution especially via a national convention.

nobody's_hero
11-22-2009, 05:58 AM
No on amending the US Constitution. This subject has been discussed at length in these forums. Axing the 17th amendment is a good starting point, however, if initiated by 2/3 of the US Congress. Lastly, I have no objection to the citizens of the 18 states initiating a recall of their respective senators. Again, no on amending the US Constitution especially via a national convention.

In other words, we'll never see the 17th repealed.

Working Poor
11-22-2009, 06:01 AM
can a Representative be recalled? I think Nancy needs to get what she deserves...

tpreitzel
11-22-2009, 07:06 AM
In other words, we'll never see the 17th repealed.

Likely true, but it's the least dangerous of the alternatives. The potentially destructive effect on our republic by allowing the passage of this amendment was myopic by the generation in power at the time of passage. It's nearly impossible to undo the damage. In the meantime, we need to work to change the composition of the US Congress with actual statesmen. IF the latter could be accomplished , then we might get the 17th amendment repealed and our republic on a path to restoration. Granted, it's a big IF and likely will never occur. I see secession as the only viable way out of the remnant of our former republic.