Posted: 3/25/2013 10:38:34 AM EDT
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There is a Facebook group that is talking about trying to recall our Elected Senators, Cantwell and Murray:
http://www.facebook.com/GunRightsAcrossAmericaWAState Help if you can... Lets get these 2 out of office before they vote away out right. Edit: Name Fixed. |
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There is no legal standing for the recall of a federal position. The facebook page should focus on a recall amendment to the federal constitution.
From wikipedia about Frank Church, a US Senator for Idaho that they attempted to recall: In 1967, a recall campaign was waged against Church by Ron Rankin, a Republican county commissioner in Kootenai County in northern Idaho. Rankin unsuccessfully sued Idaho's secretary of state to accept recall petitions. The U.S. District Court for Idaho ruled that the state's recall laws did not apply to U.S. senators and that such a recall would violate the U.S. Constitution. Allan Shepard, Idaho's attorney general at the time, agreed with the court's decision. "It must be pointed out that a United States senator is not a state officer but a federal officer whose position is created by Article I, Section I of the United States Constitution," Shepard wrote in a June 17, 1967, opinion for the secretary of state. "There seems to be no provision for canvassing the votes of a recall election of a United States senator." Most commentators at the time believed that the recall attempt strengthened Church politically by allowing him to play the role of political martyr and he was reelected in the next year's election over Republican Congressman George V. Hansen 60% to 40%. |
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I understand but the fact is that the Washington state constitution states that a federal official can be recalled :
Section 33 Text of Section 33: Recall of Elective Officers. Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall and discharge by the legal voters of the state, or of the political subdivision of the state, from which he was elected whenever a petition demanding his recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified electors thereof, hereinafter provided, the percentage required to be computed from the total number of votes cast for all candidates for his said office to which he was elected at the preceding election, is filed with the officer with whom a petition for nomination, or certificate for nomination, to such office must be filed under the laws of this state, and the same officer shall call a special election as provided by the general election laws of this state, and the result determined as therein provided. |
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Quoted:
I understand but the fact is that the Washington state constitution states that a federal official can be recalled : ...... There is a lot of debate over whether the states have the authority to authorize a recall of a federal elected official. The founding fathers actually discussed this issue and intentionally chose to not address it in the Constitution. Threats of recall were actually a pretty big issue at the time of the Constitutional Convention. However a large number of people believe that the 10th amendment grants states the authority to do a recall specifically because it is not a power reserved for the feds or prohibited to the states in the U.S. Constitution. A few scholars even think that recalls may have been one of the specific powers the founding fathers had in mind when they drafted the 10th Amendment. The other side of the coin, and what the Idaho state court decided, is that federal elected officials get their authority from the U.S. Constitution and therefore are not subject to provisions of the state constitutions. Since the US Constitution does not have a provision for recalls, an official who gets their authority from the US constitution can not be recalled. This is the current opinion of the federal government and a whole lot of legal scholars. In any case, it has never happened and most attempts have not made it very far. I doubt it will happen until something truly outrageous occurs and the U.S. Supreme Court ends up ruling on the issue. |
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This is a liberal state... no chance any effort, whether legal or not, would be successful. Better off concentrating efforts on vulnerable democrats holding state positions and in supporting republicans running for the US House.
But of course one of the most important things to do is make sure Mike Hope loses his next election. |
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Quoted:
I'm all for trying and seeing what the federal court says about it. 880k signatures for Murray, 1074k for Cantwell, that's a lot of signing. Be an interesting supreme court decision I imagine. Just have the dead and family pets sign it. After all, that's what the libtards do...... Isn't that how King Kenyan won both elections...... |
