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View Diary: DiFi "explains" herself (490 comments)

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  •  The long answer: (9+ / 0-)

    Here is the long answer with respect to recall and Congress: Recall of Legislators and the Removal of Members of Congress from Office from Congressional Research Service-The Library of Congress. The gist:

    The recall of Members was considered during the time of the drafting of the federal Constitution in 1787, but no such provisions were included in the final version sent to the States for ratification, and the specific drafting and ratifying debates indicate an express understanding of the Framers and ratifiers that no right or power to recall a Senator or Representative from the United States Congress exists under the Constitution. Although the Supreme Court has not needed to directly address the subject of recall of Members of Congress, other Supreme Court decisions, as well as the weight of other judicial and administrative decisions, rulings and opinions, indicate that: (1) the right to remove a Member of Congress before the expiration of his or her constitutionally established term of office is one which resides exclusively in each House of Congress as established in the expulsion clause of the United States Constitution, and (2) the length and number of the terms of office for federal officials, established and agreed upon by the States in the Constitution creating that Federal Government, may not be unilaterally changed by an individual State, such as through the enactment of a recall provision or a term limitation for a United States Senator or Representative. Under Supreme Court constitutional interpretation, since individual States never had the original sovereign authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be "reserved" under the 10th Amendment.

    and

    The United States Constitution does not provide for nor authorize the recall of United States officials such as United States Senators, Representatives to Congress, or the President or Vice President of the United States, and thus no United States Senator or Member of the House of Representatives has ever been recalled in the history of the United States. As early as 1807, a Senate Committee examining the question of the Senate' duty and broad authority to expel a Member, noted that such duty devolves to the Senate not only because of the express constitutional grant of authority, but also as a practical matter because the Constitution does not allow for a "recall" of elected Members of Congress by the people or the State.

    Expecting pure free enterprise to serve a population is like expecting a garden to feed a family by simply throwing out bags of seed on the ground. (Me)

    by pelagicray on Sat Nov 03, 2007 at 08:48:51 AM PDT

    [ Parent ]

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