Montanans Launch Recall of Senators Who Approved NDAA Military Detention

[OohPooPahDoo]

The 17th Amendment is irrelevant.

Irrelevant to what? It sets the length of a Senator's term to 6 years, in no uncertain terms. You can't recall someone without shortening their term.

 

[OohPooPahDoo]

I didn't say there wasn't an amendment process. I said recalling a U.S. Senator is not allowed by the Constitution.

Yes it it.

Go read Article 1, Section 4, for comprehension.

Allows states to set the times and places of elections - not the length of a Senator's term.

 

[Oddball]

It's irrelevant to the fact that:

The times, places and manner of holding elections for Senators and Representatives , shall be prescribed in each state by the legislature thereof ; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

Article 1, Section 4, Constitution for the united States.

http://www.law.cornell.edu/constitution/articlei

Fo dose of you in da bayou, dat means dat da state getsta choose how dey gonna 'lect dere politishuns, up to and 'cludin' if dey gonna haves condishuns fer recall 'lecshuns.

 

[bigrebnc1775]

Recall of Legislators and the Removal of
Members of Congress from Offic

http://www.senate.gov/CRSReports/crs-publish.cfm?pid='0E,*PL[:#0

FROM THIS LINK IT'S NOT CLEAR THE TENTH AMENDMENT WAS MENTION
There were discussions when the Constitution was being debated. But not voted on in the Constitution.

Maybe this will end it

 

[OohPooPahDoo]

It's irrelevant to the fact that:

The times, places and manner of holding elections for Senators and Representatives , shall be prescribed in each state by the legislature thereof ; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

Article 1, Section 4, Constitution for the united States.

Article I | U.S. Constitution | LII / Legal Information Institute

Fo dose of you in da bayou, dat means dat da state getsta choose how dey gonna 'lect dere politishuns, up to and 'cludin' if dey gonna haves condishuns fer recall 'lecshuns.

Where does it say a state can set the length of a Senator's term? It DOESN'T.

 

[Oddball]

Length of term can be truncated by recall/impeachment terms set up by the states.

Are you being this obtuse on purpose?

 

[OohPooPahDoo]

Length of term can be truncated by recall/impeachment terms set up by the states.

It doesn't say that in the Constitution. The only way provided for a length of a Senator's term to be shortened is by expulsion by 2/3 vote of the Senate (other than the obvious other two ways - resignation or death)

Are you being this obtuse on purpose?

You're making shit up that isn't there. The Founders considered and rejected a recall provision in the Constitution.

 

[Oddball]

Yes it does...States prescribe the election conditions....Period.

Deal with it.

 

[OohPooPahDoo]

Yes it does...States prescribe the election conditions....Period.

Deal with it.

So they can elect 27 Senators if they like?

 

[Oddball]

You just answered my earlier question...You are being obtuse on purpose.

 

[westwall]

Length of term can be truncated by recall/impeachment terms set up by the states.

It doesn't say that in the Constitution. The only way provided for a length of a Senator's term to be shortened is by expulsion by 2/3 vote of the Senate (other than the obvious other two ways - resignation or death)

Are you being this obtuse on purpose?

You're making shit up that isn't there. The Founders considered and rejected a recall provision in the Constitution.

Your problem poopy, is you think that if it isn't mentioned it can't be done like in your socialist utopias. Here in the USA if it isn't mentioned it is allowed. Thus if the Constitution doesn't specifically say anything about recalls, they are allowed pursuant to the 10th amendment.

 

[OohPooPahDoo]

You just answered my earlier question...You are being obtuse on purpose.

I'm sorry, you're reading something into the Constitution that just isn't there. Either that or you are just very stupid. You are confusing a state's right to determine when and where elections are held - which is a right that exists - with a right to shorten a Senator's term - which is a right that does not exist.

 

[Dragon]

Look, it's really a stupid thing to be arguing about, whether the states have this authority. It's arguable that they do, but it's also perfectly clear that Congress can terminate it any time they feel a need. Just pass an act of Congress saying "no recall of Senators," get Obama to sign it, and poof! No recall. That could happen faster than a recall effort itself could bear fruit.

 

[OohPooPahDoo]

Length of term can be truncated by recall/impeachment terms set up by the states.

It doesn't say that in the Constitution. The only way provided for a length of a Senator's term to be shortened is by expulsion by 2/3 vote of the Senate (other than the obvious other two ways - resignation or death)

Are you being this obtuse on purpose?

You're making shit up that isn't there. The Founders considered and rejected a recall provision in the Constitution.

Your problem poopy, is you think that if it isn't mentioned it can't be done like in your socialist utopias. Here in the USA if it isn't mentioned it is allowed. Thus if the Constitution doesn't specifically say anything about recalls, they are allowed pursuant to the 10th amendment.

The Constitution says the length of a Senator's term is 6 years. You can't have a recall without shortening the length of a Senator's term. The 10th amendment does not change the length of a Senator's term.

 

[OohPooPahDoo]

Look, it's really a stupid thing to be arguing about, whether the states have this authority. It's arguable that they do, but it's also perfectly clear that Congress can terminate it any time they feel a need. Just pass an act of Congress saying "no recall of Senators," get Obama to sign it, and poof! No recall. That could happen faster than a recall effort itself could bear fruit.

There's no need.

I repeat again - the length of a Senator's term 6 years. A state may not change that.

 

[Dont Taz Me Bro]

There was a movement to recall Senator Menendez in New Jersey last year and the NJ Supreme Court struck it down as unconstitutional.

Court kills Robert Menendez recall push - Alex Isenstadt - POLITICO.com

 

[The T]

Length of term can be truncated by recall/impeachment terms set up by the states.

It doesn't say that in the Constitution. The only way provided for a length of a Senator's term to be shortened is by expulsion by 2/3 vote of the Senate (other than the obvious other two ways - resignation or death)

Are you being this obtuse on purpose?

You're making shit up that isn't there. The Founders considered and rejected a recall provision in the Constitution.

Your problem poopy, is you think that if it isn't mentioned it can't be done like in your socialist utopias. Here in the USA if it isn't mentioned it is allowed. Thus if the Constitution doesn't specifically say anything about recalls, they are allowed pursuant to the 10th amendment.

YEP.

As to the 10th

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.

Lest we forget Amendment 9?

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 

[The T]

You just answered my earlier question...You are being obtuse on purpose.

I'm sorry, you're reading something into the Constitution that just isn't there. Either that or you are just very stupid. You are confusing a state's right to determine when and where elections are held - which is a right that exists - with a right to shorten a Senator's term - which is a right that does not exist.

I'm afraid that YOU lose this round skippy. You should have stopped while YOU thought YOU were ahead.

Revisionist history isn't recognized.

 

[Old Rocks]

There was a movement to recall Senator Menendez in New Jersey last year and the NJ Supreme Court struck it down as unconstitutional.

Court kills Robert Menendez recall push - Alex Isenstadt - POLITICO.com

Interesting and relevant.

 

[OohPooPahDoo]

You just answered my earlier question...You are being obtuse on purpose.

I'm sorry, you're reading something into the Constitution that just isn't there. Either that or you are just very stupid. You are confusing a state's right to determine when and where elections are held - which is a right that exists - with a right to shorten a Senator's term - which is a right that does not exist.

I'm afraid that YOU lose this round skippy. You should have stopped while YOU thought YOU were ahead.

Revisionist history isn't recognized.

Revisionist history? WTF? The Founders considered and rejected a recall provision in the Constitution. They set the length of a Senator's term at 6 years and the length of a Congressman's at 2. Your suggestion that a state can willy nilly shorten those terms any time they please is absurd and has absolutely no basis in the Constitution. The Constitution clearly states a Senators term is 6 years - it does not state that a Senator's term is UP TO 6 years, as you seem to suggest.