Date: Sun, 10 Jun 2001 17:11:21 -0700 From: rsrchsoc@IONET.NET (John Wilde) Subject: Re: McCain recall To: AZRKBA@asu.edu
There is a question whether Reps and Senators can be recalled, given the decision a couple of years ago by the Supremes on states limiting the terms of the Reps and Senators. It would turn on whether a recall election falls under the "qualifications" clause of the Constitution for Senators.
The Supreme Courts decision in the term limits case was incorrect because th Court started off by declaring the Senators and Reps are officers of the United States. They aren't, they are officers of the state from which they are elected. If they were officers of the United States, they could be impeached, but they can't be impeached so they can't be officers of the United States. BTW that is not me saying that, that was other commentaries shortly after the constitution was written as well as Justice Story and John Randolph Tucker.
However, given the stupidity of the decision by the Supremes in the term limits case, I guess you can consider the recall election to be nothing more than a vote of no confidence if McCain looses and he can then "choose" to resign or fight it. Given the fight that there would be in the Senate in credentialling the person who might defeat McCain, could make it an interesting problem. The Constitution also provides that each house of the Congress determines the validity of the election of the Senators.
Ain't it quaint.
g'day John Wilde
"C. D. Tavares" wrote:
> At 10:06 AM -0700 6/9/01, you wrote:
>
> > McCain has promised to resign if he is defeated in a recall
>
> What the hell does THAT mean?
>
> That's like saying, "The Dodgers agree to concede the game if the Braves
> beat them."
> --
> Tavares@alum.mit.edu | http://home.earthlink.net/~cdtavares | RKBA!
>
> A government that is big enough to give you all you want is big enough to take it all away.
> --BARRY GOLDWATER (1964)