[Editor: Many are discussing the possibility of recalling Sen John McCain.  Of course, this is one of those issue on which it's been difficult to get a consensus opinion.  However, Arizona is one of several states that have a provision in their Constitutions to do just that but whether it would stand up in higher courts is the question.  McCain has six long years to control much of the Senate and ALL of Arizona politics, to continue to purge conservatives from the party leadership and precinct committeemen and use democrat money to accomplish that goal.  It is in that light that we present this view of the issue from American Thinker.]

April 1, 2010

Whether citizens of a state have the right to recall from office a sitting U.S. senator is no longer an academic question. The second-highest New Jersey appeals court has just ruled that such an effort can proceed against Sen. Robert Menendez (D-NJ).

Several other states have provisions in their state constitutions and laws that may also allow recall efforts. And by the common provision of initiative by the people of state laws and constitutions, similar processes could be established in other states.

So the question that has never been raised in the U.S. Supreme Court before will most likely be decided there within the next year.

This column is not a legal brief -- just a summary of main points. With that said, this lawyer, whose eighteen briefs in the U.S. Supreme Court have been mostly on election law, believes that the answer is yes -- recall is constitutional.

Back to the basics. Recall was available for the voters of a colony to remove an official with whom they had become dissatisfied. It first appeared in New England in 1639. The idea of the voters removing an official and/or changing the underlying laws is older than that. In 1610, the free citizens from the Mayflower signed a Compact that they would "enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient. ..."

This was the first statement on American shores of the concept of popular sovereignty -- that the people hold the ultimate power. The best-known such statement appears in the Declaration of Independence. Jefferson's words, adopted by Congress on 2 July 1776 (not a misprint), state: 

That to secure these [God-given] rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.


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[Editor: So in considering this information, the question is - would every Trump voter petition to recall Sen. McCain.  An even larger question is this: would YOU and your republican neighbors get out and do the work, whatever that is, to get this done in order to get rid of McCain ONCE AND FOR ALL?  Consider how easy it would be to get rid of Flake next in 2018.  

What happens if McCain were to be recalled before the 2018 elections?  The Governor would appoint a replacement to serve as interim Senator until the NEXT STATEWIDE election, which would be 2018.  Imagine the feeling os good will if we could elect two actual Republicans to those two positions!

Oh, you say, that's NEVER been done!!  Yes, but lots of things have never been done until someone steps up and does it!]

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Replies to This Discussion

McCain deserves to be thrown out, but how would that fly when he handily won the election just two months ago?

Actually very well. It would wake up those that voted for him.

While I DO support the endeavor to replace the "state censored" McCain ... would Gov. Ducey give us as a replacement Robert Graham .... or a conservative like Jeff Dewit?

without the 17th Ducey would not be the picker.

There is no provision for the replacement of a Senator except by death...... 

McCain was CENSURED not censored although I'd like to censor some his hateful language!  DeWit is NOT a conservative just because he was a Trump supporter. He supported Graham big time two years ago and has endorsed Graham's personal candidate for the new chairmanship.  DeWit is a moderate.

I do believe until the Supreme Court rules on this issue its' a mute subject as the States as a result of the 17th Amendment have no control over the process as we just proved by qualifying to run for Two Federal Offices at the same time and State Law doesn't allow that, however when challenged by ours SOS office ruled we had the Constitutional Right to do so and if allowed then there'd have to be an election not an appointment.  

God Bless You All; Clair VAN Steenwyk 

There have been several attempts to recall a sitting Senator but the effort has never gotten any farther than a Federal Court because no one has had enough money to see it through.  Eventually, it would end up at the SCOTUS, who would rule in favor of the Senator because of the 17th Amendment.  

The solution is repealing and replacing the 17th by Constitutional Amendment.

I don't believe this discussion could not mention repelling the 17th Amendment.

And about mccain and his new world order. mccain spills the bean in this video

That pretty well sums up what is going on. I'm not disillusioned after all. That is what my websites have been preaching. But most dismissed it as BS.

I know I did not use caps of mccain. the traitor does not deserve even that much respect.

I am so "in favor" of Recalling mcAmnesty that my heart beat increases 3 fold just at the thought.  As a retired Senior Federal Manager, I knew of McCain since the Forestal incident and during his anti-MIA Senate Intelligence sub-Committee Hearings that he Co-chaired with none other than John Kerry back in 1990-91, just a year before I arrived in my new position in Phoenix.  since then, I have quietly worked to inform people of this snake and his political leanings.  He is no Maverick....he's the Manchurian Candidate and what info he gave to the North got a lot of Airmen and Pilots killed.  If he were alive today, Jeremiah Denton would tell you the same thing, but I learned all of my info about McCain from the National director of the American Ex-Prisoners of War and from the National director of the MIA's/Forget-Me-Not Association - and subsequently from the Founders of the 911 for a Secure America organization - and many others.  Being formally educated in History, Political Science, Public Health and Public Administration, I have a real connection with history and the personalities of history, to the extent that McCain rises to the top of my list of those who should be not only least trusted, but barred from serving in our government.  He is a person plagued with the brand of arrogance that rivals even Obama's and with the anger management problem that he try's to hide, he's a very dangerous person.  To the point, however, the answer to - can we recall a sitting Senator or Member of Congress....the answer is most certainly.  What we should be focusing on - is the repeal of the 17th Amendment if we are indeed sincere in restoring our Constitution.  But, one thing at a time.  For those who don't know, Members of Congress - which includes both Houses - here in Arizona, sign a Secretary of State affidavit which essentially says they are aware that they can be recalled for actions the are not authorized, etc.  Likewise, everyone forgets that the 9th Amendment and the 10th amendment still apply to the governance of We the People and that where such concerns are NOT delegated to the Federal government by the constitution, they are delegated to the People - 9th Amendment and to the States and to the people, respectively via the 10th Amendment.  It would do all of us good to research this possibility and then to revisit this discussion at some date in the near future.  The owner of this web page would be the one who could manage the discussion of this issue to the extent that it required face-to-face conversations and the sharing of information in a setting and location known only to those who are interested or invited.  Like Trump, I believe in the element of surprise and my guess is that McCain already knows about this topic and may very well be doing some damage control.  Regardless....he has got to go as does Flake.  they both are political anarchists who use their elected positions to create chaos among the citizens of Arizona and who rely upon their skills in deception to twist issues of great concern to the people into fragmented and unimportant trivia.  Their skill at manipulation and deflection should be obvious to all of us, as we are the one's raising the question:  Is recall of a sitting U.S. Senator possible.  I look forward to your feedback.  Happy New Year.

As an "insider" to the deceptions of this spiritual evil that lies in the heart of McCain I applaud your information. We learn to read, then we read to learn ... for information is dangerous to those in Cabal of Thieves who want to enslave us!

You are correct Michael,  the focus should be on repealing the 17th Amendment.  The Constitution is the Supreme law of the land.  The 17th Amendment negated the States right to recall either a Senator or a Representative. PERIOD!!!!   The 9th and 10th Amendments do not apply to the 17th Amendment.  The Constitution "says what it says" (to quote Scalia) and there is nothing in any State law that can supersede the Constitution, however well intentioned the State may be.  Time would be better spent,

Time would be better spent, and money too, in trying to pass a State Resolution to repeal and replace the 17th Amendment to reinstall "Federalism"-- that is what would get attention.  It can be done just like they are doing the Balanced Budget Amendment or an Article V convention..... State compacts.





My reading of history convinces me that most bad government results from too much government.
Thomas Jefferson



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