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PostPosted: 01/18/10 12:13 pm • # 1 
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Recently a tea party believer on one of these boards, unfamiliar with the US Constitution, complained that legislators who were unresponsive to polls in supporting the Health Care bill ought to be recalled. I guess this was seen as a way to remove pro-health reform people before they could cast any dreaded "yes" votes on the bill. Can't do it. This fellow in hyper-conservative National Review Online explains why, and I wish he were speaking at the Tea Party convention.



No Federal Recall [Matthew J. Franck]

A blogger at Big Government calling herself "Liberty Chick" reports on an effort afoot in New Jersey to place a recall of U.S. Sen. Robert Menendez before the people of the state. The New Jersey constitution has contained, since the mid-1990s, a provision that the "people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress." But upon receipt of the legally required petition for a recall election, complete with the many signatures needed, New Jersey Secretary of State Nina Wells has declined to accept the petition or to act on it, stating her office's determination that no recall of a U.S. senator can legally be conducted, notwithstanding the provision in the state constitution

"Liberty Chick" is mighty upset about this, wanting to know how it can be that the New Jersey constitution is unconstitutional-if it is, how a mere executive branch official rather than a judge gets to say so-and why the electoral machinery of the state couldn't be employed in any event, even if the results have no legal force and only amount to a "no-confidence vote" in Menendez. Commenters at the BG site are for the most part pretty irate at what Wells has done.

But Wells has this perfectly right. The term of a U.S. senator is six years, unconditionally, and nothing a state says to the contrary (even in its constitution) can have any effect on this fact. (more)



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PostPosted: 01/18/10 3:27 pm • # 2 
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This is on a par with Mac's find that a child born to one American citizen who has lived in the US for at least 5 years is, by birth, a natural American citizen no matter where actually born ~ it also gives hope that the birthers and the tea-partiers will dance themselves into oblivion while clutching tightly to their "beliefs" ~ Image

Sooz


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PostPosted: 01/18/10 3:32 pm • # 3 
It's not just tea partiers and birthers who have entertained the idea of recalling members of Congress - I was just explaining a few days ago on the other board that it can't be done.


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PostPosted: 01/18/10 4:04 pm • # 4 
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yes, gop, I remember it now, you explained it more succinctly than this guy does. He talks about the case in New Jersey, where the state constitution apparently defies the US Constitution. You wonder what kind of legislative geniuses came up with that one. And what kind of genius governor signed it.


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PostPosted: 01/18/10 4:10 pm • # 5 
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You have your own priorities and beliefs and wants that likely will not always mesh with those who elected you ~ think Joe Lieberman ~ so whose priorities and beliefs and wants take precedence? ~ I believe an elected representative/senator should vote the way his/her constituents want ~ but not all constituents will want the same thing ~ it's gotta be a tough job, knowing you're going to piss off someone, no matter how you vote ~

Sooz



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PostPosted: 01/18/10 4:22 pm • # 6 
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The way it was set upin the beginning, the House Members were to concentrate on representing the particular interests of their own particular constituents in their Congressional districts. But the Senators are supposed to be deliberating for the coungtry as a whole, and NOT focusing on the narrow interests of the states that sent them. So a Senator is perfectly within his job definition if he doesn't toe the line drawn by the folks back home. In reality, it's probably pretty difficult. But that's why Senators have such long terms, to make them less vulnerable, and thus less sensitve, to pressure from their home states.


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PostPosted: 01/18/10 4:31 pm • # 7 
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Interesting, gramps ~ I didn't factor in that delineation ~ and I don't think most voters factor in that reps and senators often have much more detailed information than is released to the public ~ sometimes I laugh how it is always those NOT in office who "know" exactly how to fix ... everything ~

Sooz


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PostPosted: 01/18/10 4:53 pm • # 8 
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yeah, Sooz, thereis no shortage of simple solutions out there among the people. People fault Congressfolk for wheeling and dealing and compromising, instead of "just doing what's right". But give me a wheeler dealer every time. It's a big country, and I think people don't comprehend how widely and often the interests of different factions of it are at odds with each other. Wisconsin dairy farmers are hurt when price supports favor milkers in Texas or California or New York. Dairy farmers in all four states are hurt when the urgent needs of grain farmers raise the cost of feed. Agriculture in general suffers when some action benefits the oil folks down where my daughter lives, by raising the frice of diesel fuel. And so it goes, on and on though agriculture, manufacturing, and the service industries. No way the govenment machine could work if Reps and Senators just insisted "Doing The Right Thing". Call me amoral, but that's the way it works.


Last edited by grampatom on 01/18/10 4:55 pm, edited 1 time in total.

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