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View Diary: Teabagger Shutdown is not a "Political Strategy," but Violation of Constitution, Duties & Oath (149 comments)

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  •  I don't think there's precedent (0+ / 0-)

    The US Constitution clearly trumps state constitutions and laws with their recall provisions, but Article I Section 5 begins:

    SECTION 5. Each house shall be the judge of the elections, returns and qualifications of its own members
    I don't see what would actually prevent a state from holding a recall election for a Federal officer and then sending a replacement to DC with a certificate of election.  The House could then either accept the replacement as the new representative for that district, or else it could spit on democracy - either would be fine by Section 5 as far as I can tell.

    It'd be interesting to see what the incumbent might do in such a case: if they don't fight the recall election, they help ensure that their replacement shows up in DC with a certificate of election as above.  If they do fight it and lose then they lent legitimacy to the recall election.

    Fake candidates nominated by the GOP for the recalls: 6 out of 7. Fake signatures on the recall petitions: 4 out of 1,860,283.

    by GeoffT on Wed Oct 02, 2013 at 07:39:18 PM PDT

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    •  I suspect that any targeted incumbent (0+ / 0-)

      would run to the DC Circuit for an injunction, which would be fast-tracked to SCOTUS, who would pull the plug.

      There's basically no chance that such an election would be allowed to happen.

      If it did, Congress would "spit on democracy"... the interests of the institution and the interests of every one of its members would require it.

      I'm all in favor of Federal recalls, (in fact, I'm in favor of just about anything that either reduces power or makes having it suck,) but Article V provides the only means of getting there.


      "It is better to die on your feet than to live on your knees." -- Emiliano Zapata Salazar
      "Dissent is patriotic. Blind obedience is treason." --me

      by Leftie Gunner on Thu Oct 03, 2013 at 08:47:53 PM PDT

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