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Old March 8, 2013, 11:19 AM   #1
I'vebeenduped
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Join Date: January 2, 2013
Location: AZ
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For the AZ crowd

In light of McCain's recent events, I am seriously considering joining a recall effort. I am mostly disappointed with his wavering and questionable stance on 2A and the drone issue and forever questioning how he will vote on any given topic. I think we should have more confidence in a Senator than what we currently have. Having said this, does anyone know about this group?
http://recallmccain.org/
I can't find much about this group and really don't want to waste my time. Are they legitimate? I think chances of McCain ever being recalled are slim to none but at least I could live with myself knowing I tried.
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Old March 8, 2013, 11:25 AM   #2
vranasaurus
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You can't recall a Senator. The only way to remove them is by expulsion which requires a 2/3 vote of the Senate.
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Old March 8, 2013, 11:27 AM   #3
I'vebeenduped
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AZ law is different. I've read that we have the right.
If this helps... http://www.eastvalleytribune.com/ari...a4bcf887a.html
http://www.ehow.com/how_2096899_reca...sentative.html
Sorry for not posting something more concrete on this.

By the way, it is in no way, my intention to start this thread as a McCain bashing effort. I just don't agree with his stances and feel he comes too close compromising our rights in many regards.
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Last edited by I'vebeenduped; March 8, 2013 at 11:35 AM.
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Old March 8, 2013, 11:42 AM   #4
vranasaurus
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It doesn't matter what Arizona law is because the constitution determines the qualifications of, terms of service, and procedures for removal from office of Representatives and Senators.


The states can't put term limits on federal elected officials. United States Term Limits v. Thornton, 514 U.S. 779

New Jersey had a recall amendment that the State Supreme Court declared unconstitutional. Committee to Recall Robert Menendez From the Office of U.S. Senator v. Wells, 204 N.J. 79 The court said the following:

Quote:
The plain language of the Federal Constitution suggests that a Senator's term is fixed and that any right to prevent a Senator from completing his or her term is vested in the Senate, not the States. Article I, Section 3, Clause 1 provides without exception that a Senator's term of service is six years. The only instance in which abridgment of that term is expressly discussed appears in Article I, Section 5, Clause 2, which empowers each house to "determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member." Thus, in 1906, the U.S. Supreme Court noted in dicta that a Senator's seat "could only become vacant by his death, or by expiration of his term of office, or by some direct action on the part of the Senate in the exercise of its constitutional powers." Burton v. United States, 202 U.S. 344, 369, 26 S. Ct. 688, 694, 50 L. Ed. 1057 (1906).

As I said before you can't recall a Senator.
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Old March 8, 2013, 11:42 AM   #5
Spats McGee
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This one sits too far into the "purely political" realm to remain open.
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