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Can Idaho U.S. Senator Larry Craig be Recalled?
Boise, ID –
A 1967 Idaho District Court ruled that “a
United States senator is not a state officer but a federal officer whose
position is created by Article 1, Section 1 of the U.S. Constitution.”
Therefore, they said, a U.S. senator cannot be recalled by state voters.
While a U.S. senator’s position is
created by the U.S. Constitution, it is also created when the voters choose
to become a state. Thus, a U.S. Senator is both a federal officer AND a state officer, and both
acts of creation are not mutually exclusive.
As a federal officer, a U.S. senator can
be impeached, or expelled by a 2/3 vote of the federal Senate. As a state
officer, a U.S. senator is responsible to the state and can be recalled by
the state voters.
Senator Craig is simultaneously a federal
officer AND a state officer. Article VI, Section 6, of the Idaho
Constitution and Recall Statute 34-1701 (4) provide for the recall of
Senator Larry Craig.
Go for it.
By the way, if a District Court rules
against an Idaho recall, appeal it to the Appellate level, then the Supreme
Court. Is there a lawyer in the house? -- FM Duck
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