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Some seek to recall U.S. Rep. Giffords ...
| Congressional District 8 U.S. Rep. Gabrielle Giffords. |
will Congress and the Constitution let them?
Bill Hess/Wick Communications
Festering anger over the national health care debate has some local protesters seeking the ouster of Democratic U.S. Rep. Gabrielle Giffords. Experts say the effort is symbolic, though.
Protesters have given Giffords an ultimatum to host a town hall meeting on health care reform or else resign. If she fails to meet their demands, the protesters want her forced out of office.
On Aug. 8, nearly 150 people gathered for a protest outside her Sierra Vista office. Many signed what was labeled as a recall petition, although there was no statement on the petition why such an action was warranted, as required by Arizona law.
Although a state law allows for recall of members of Congress, Arizona's assistant secretary of state said such a recall would not be successful, even if a member agreed to abide by a recall vote.
U.S. Rep. Gabrielle Giffords is from Arizona's 8th Congressional District, which includes Cochise County.
Giffords did sign a pledge to resign if not affirmed during a recall vote, Assistant Secretary of State Jim Drake said. He noted that the matter is covered in parts 19-221 and 19-222 of Article 2 of Arizona's recall procedures, approved in 1973.
The state rules are all for naught, he said.
"U.S. representatives and senators are federal officers and although they are elected by voters in the state, there is no avenue in the U.S. Constitution to allow a recall," Drake said. "Only Congress can expel a member."
The issue is addressed in a March 2003 report to Congress prepared by the Library of Congress' Congressional Research Services. In the report, Jack Maskell, legislative attorney for the American Law Division, noted there are no provisions in the U.S. Constitution for voters to recall any federal officer.
"As to removal by recall, the United States Constitution does not provide for nor authorize the recall of United States officers such as Senators, Representatives, or the President or Vice President, and thus no Member of Congress has ever been recalled in the history of the United States," stated the 2003 document titled "Recall of Legislators and the Removal of Members of Congress from Office."
Maskell noted that during the drafting of the Constitution in 1787, recall was considered, "but no such provisions were included in the final version sent to the States for ratification, and the specific drafting and ratifying debates indicate an express understanding of the Framers and ratifiers that no right or power to recall a Senator or Representative from the United States Congress exists under the Constitution."
The only way a member of Congress can be removed from office is through expulsion by the House of Representatives or Senate.
In the history of the nation, 15 senators and five House members have been expelled. Seventeen were kicked out during the Civil War for disloyalty - 14 senators and three representatives, the report states. Maskell's noted, "Although actual expulsions from Congress are fairly rare, it should be noted that several members of Congress have chosen to resign from office rather than face what was apparently perceived as an inevitable congressional expulsion."
Under U.S. Supreme Court constitutional interpretation, "since the states never had the original sovereign authority to unilaterally change the terms and condition of service of federal official agreed to and established in the Constitution, such power could not be 'reserved' under the 10th Amendment," the report states. The 10th Amendment gives the states and the people any power not granted to the federal government by the Constitution.
However, Maskell noted that recall provisions were part of a popular progressive movement in the 20th century, particularly in western states.
Drake said there have been a few occasions when recall efforts for members of Congress have been undertaken in the state, but none of the petitions have been turned in.
Even if a recall was done, "Congress would not accept the vote," he predicted, because it would impinge on congressional authority.
(Bill Hess is senior reporter at the Sierra Vista Herald/Bisbee Daily Review.)
Bill Hess/Wick Communications
Festering anger over the national health care debate has some local protesters seeking the ouster of Democratic U.S. Rep. Gabrielle Giffords. Experts say the effort is symbolic, though.
Protesters have given Giffords an ultimatum to host a town hall meeting on health care reform or else resign. If she fails to meet their demands, the protesters want her forced out of office.
On Aug. 8, nearly 150 people gathered for a protest outside her Sierra Vista office. Many signed what was labeled as a recall petition, although there was no statement on the petition why such an action was warranted, as required by Arizona law.
Although a state law allows for recall of members of Congress, Arizona's assistant secretary of state said such a recall would not be successful, even if a member agreed to abide by a recall vote.
U.S. Rep. Gabrielle Giffords is from Arizona's 8th Congressional District, which includes Cochise County.
Giffords did sign a pledge to resign if not affirmed during a recall vote, Assistant Secretary of State Jim Drake said. He noted that the matter is covered in parts 19-221 and 19-222 of Article 2 of Arizona's recall procedures, approved in 1973.
The state rules are all for naught, he said.
"U.S. representatives and senators are federal officers and although they are elected by voters in the state, there is no avenue in the U.S. Constitution to allow a recall," Drake said. "Only Congress can expel a member."
The issue is addressed in a March 2003 report to Congress prepared by the Library of Congress' Congressional Research Services. In the report, Jack Maskell, legislative attorney for the American Law Division, noted there are no provisions in the U.S. Constitution for voters to recall any federal officer.
"As to removal by recall, the United States Constitution does not provide for nor authorize the recall of United States officers such as Senators, Representatives, or the President or Vice President, and thus no Member of Congress has ever been recalled in the history of the United States," stated the 2003 document titled "Recall of Legislators and the Removal of Members of Congress from Office."
Maskell noted that during the drafting of the Constitution in 1787, recall was considered, "but no such provisions were included in the final version sent to the States for ratification, and the specific drafting and ratifying debates indicate an express understanding of the Framers and ratifiers that no right or power to recall a Senator or Representative from the United States Congress exists under the Constitution."
The only way a member of Congress can be removed from office is through expulsion by the House of Representatives or Senate.
In the history of the nation, 15 senators and five House members have been expelled. Seventeen were kicked out during the Civil War for disloyalty - 14 senators and three representatives, the report states. Maskell's noted, "Although actual expulsions from Congress are fairly rare, it should be noted that several members of Congress have chosen to resign from office rather than face what was apparently perceived as an inevitable congressional expulsion."
Under U.S. Supreme Court constitutional interpretation, "since the states never had the original sovereign authority to unilaterally change the terms and condition of service of federal official agreed to and established in the Constitution, such power could not be 'reserved' under the 10th Amendment," the report states. The 10th Amendment gives the states and the people any power not granted to the federal government by the Constitution.
However, Maskell noted that recall provisions were part of a popular progressive movement in the 20th century, particularly in western states.
Drake said there have been a few occasions when recall efforts for members of Congress have been undertaken in the state, but none of the petitions have been turned in.
Even if a recall was done, "Congress would not accept the vote," he predicted, because it would impinge on congressional authority.
(Bill Hess is senior reporter at the Sierra Vista Herald/Bisbee Daily Review.)
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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Frank Edward Blanchard wrote on Aug 19, 2009 11:15 AM:
Based upon her democratic socialist agenda.
She seems to only volt the party line.
I have never seen the Democratic Party act so left-wing radical, that's why I left the party I am now independent ,
I now will vote or whomever I think we'll do the job properly spending across all political parties.
I now based my voting experience on integrity and morals of the candidate.
And it is true that the Constitution leave no provision for the people of a state to have a recall petition on a seated Congress woman or man.
Only that body can regulate expulsion of members.
However we the people can exercise our rights" and vote her out of office at the proper time. That is our privilege in the state.
I do believe they will be a lot of democratic Congress people running for the hills when they are voted out of office because of their strict party line voting.
I believe we are all Americans and need to see what is best for all not just the political parties views.
I know I am not alone believing that health-care reform is necessary however I don't think Government can handle the job properly.
One should look at the Medicaid program in Arizona carefully the DES. In conjunction with the Medicaid program denies people health-care all the time. Yes they are participating in the death of citizens.
Based solely on whether they have children are not. Formal rules to the bureaucracy of the program that is the failure.
Don't talk to the amount rationing its already in play in the existing programs Medicare and Medicaid mostly Medicaid run by the states. Now there is where we need reform.
Based upon the failure of already existing programs health-care Medicare and Medicaid .
and recently the cash for clunkers program they can't seem to handle,? If they were not fiscally ready for that small program what are they going to do with $1 trillion dollars worth of health-care options.?? Looks like the Fox guarding the chickens not a good idea.
I don't like the idea of Government in health-care at all..
there are other ways. I call for Medicare and Medicaid reform before private options.
Fix what is broken then move forward.
Arizona citizen looking for real reform "