Montanans Launch Recall of Senators Who Approved NDAA Military Detention

[Liability]

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.

Stating the length of the term (as the Constitution obviously does) does NOT require the silly interpretation that the states cannot recall and remove the ones they give the Senate seat to hold.

Cite a provision of the Constitution that forbids the States from recalling and removing a Senator.

You can't.

You won't.

In fact, your position doesn't even make sense. Of course the States would have been free to remove one of their Senators. The whole POINT of the Senate was to give power in the Federal system TO the States. Once a State elected or appointed a Senator, they would somehow LOSE that control? Why? How would that be even marginally consistent with the Federalism and States right notion of the Senate as a component Constitutional portion of the Legislative Branch?

 

[Paulie]

Dear babbling liberoidal dumbass:

Montana is one of nine states with provisions that say that the right of recall extends to recalling members of its federal congressional delegation, pursuant to Montana Code 2-16-603, on the grounds of physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of certain felony offenses.

Ouch, that one had to hurt.

I'm embarrassed for him.

 

[Crackerjack]

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. I hope it gets to the US Supreme Court to see what they'd say about it.

 

[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

Interesting. I hope it gets to the US Supreme Court to see what they'd say about it.

I think they would side with the New Jersey Supreme Court.

 

[bigrebnc1775]

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. I hope it gets to the US Supreme Court to see what they'd say about it.

I think they would side with the New Jersey Supreme Court.

After thinking this through this would create a new beast in the political spectrum. The left would recall someone because he did something conservative the right would recall someone because he voted for pork barrel Would congress be effective with this? And then we have what just happen voting to take rights away that have been laid out as protected rights. What do you do? I think there should be a recall amendment but not for petty bullshit from the left or the right. But if that congressman went against the Constitution they should be recalled.

 

[OohPooPahDoo]

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.

Stating the length of the term (as the Constitution obviously does) does NOT require the silly interpretation that the states cannot recall and remove the ones they give the Senate seat to hold.

Do you understand basic math? If a Senator's term is 6 years and you recall him before his term is up, you've shortened his term.

Cite a provision of the Constitution that forbids the States from recalling and removing a Senator.

You can't.

You won't.

The 17th amendment where the term of a Senator is set at 6 years. The term is also set to 6 years (exception: 2 and 4 for some Senators in the 1st Congress) in article I. The 17th amendment states Senators are elected "for 6 years", not "for 6 years or until the people in the state change their mind"

In fact, your position doesn't even make sense. Of course the States would have been free to remove one of their Senators. The whole POINT of the Senate was to give power in the Federal system TO the States. Once a State elected or appointed a Senator, they would somehow LOSE that control? Why? How would that be even marginally consistent with the Federalism and States right notion of the Senate as a component Constitutional portion of the Legislative Branch?

THE FOUNDERS CONSIDERED AND REJECTED A PROPOSAL FOR A RECALL PROVISION IN THE CONSTITUTION. Clearly, if they had intended the states to be allowed to recall, they would have put the provision in the Constitution.

If a state is allowed to recall Senators at whim then basically that means a state could choose to have its Senators serve 4 year terms - or 2 year terms. Or 6 month terms. The very idea that the Founders would have wanted this is absurd as they designed the Senate to be an institution whose membership changes slowly over time. Only the Senate, the Grim Reaper, or the Senator himself can remove a Senator prior to the expiration of his term.

Did you know a Senator or Congressman has never been recalled? Have any idea why?

 

[OohPooPahDoo]

Dear babbling liberoidal dumbass:

Montana is one of nine states with provisions that say that the right of recall extends to recalling members of its federal congressional delegation, pursuant to Montana Code 2-16-603, on the grounds of physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of certain felony offenses.

Ouch, that one had to hurt.

I'm embarrassed for him.

Why do you think Montana is allowed to rewrite the U.S Constitution as they see fit? They can hold all the recalls they want, it won't change the length of terms of the Senators or Representatives they have elected. Those are set by the Constitution, a state can't just change them.

 

[OohPooPahDoo]

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. I hope it gets to the US Supreme Court to see what they'd say about it.

It would never have to get there as the Senate or House would simply refuse to seat the newly elected replacements and would continue to recognize the legitimacy of the previous "recalled" members.

 

[Crackerjack]

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. I hope it gets to the US Supreme Court to see what they'd say about it.

I think they would side with the New Jersey Supreme Court.

You're probably right.

 

[Crackerjack]

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. I hope it gets to the US Supreme Court to see what they'd say about it.

It would never have to get there as the Senate or House would simply refuse to seat the newly elected replacements and would continue to recognize the legitimacy of the previous "recalled" members.

Do you think the newly elected member would just go away in that case? I don't. I think in such a case, the prospective new member would file suit to get in, leading to the argument that's been had up thread.

 

[OohPooPahDoo]

Interesting. I hope it gets to the US Supreme Court to see what they'd say about it.

It would never have to get there as the Senate or House would simply refuse to seat the newly elected replacements and would continue to recognize the legitimacy of the previous "recalled" members.

Do you think the newly elected member would just go away in that case? I don't. I think in such a case, the prospective new member would file suit to get in, leading to the argument that's been had up thread.

The Courts have no jurisdiction. The Constitution clearly makes each house the judge in the case of such a dispute. From Article I:

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.

The unseated faux member might sue, but the federal courts would reject it on the grounds they have no jurisdiction and/or on the grounds that the case is moot (since the Senate or House has the final word), not on the grounds that the recall is unconstitutional. The Federal Courts would have no means to compel the House or Senate to seat anyone that the House or Senate has not determined to be a Congressman or Senator.

And yes, they would just go away. The Congress has its own security force at the Capitol, and it'd be quite simple for them to bar entry to such a person.