Thread Summary: Recall Senator John McCainSubmitted by goldenequity on Thu, 09/12/2013 - 14:45
Let it start.
The DailyPaul is due something like this.
Let it begin right here.
How about it Arizona... the timing couldn't be more PERFECT! He's just been publicly rebuked by his own party.
►SUMMARY OF FINDINGS 09/16/2013
► What I need are some PMs from Phoenix/Tucson/Flagstaff Paulers... contacts please.
LET IT BEGINNNNNNNNNN!!!!!!!!!!!!!!!!!!!!
This thread was birthed Thursday... not quite 4 days ago!
A LOT has been learned by DIGGING, Phone calling and emailing.
Much THANKS to DP moderators for keeping it front paged pinned.
►The Short Answer is YES.. John McCain CAN be recalled.
►What We Know (now):
1. In the HISTORY of the United States it's never been done...
recalling a Federal Senator or Congressperson by the People of the State who elected them to office.
2. The ONLY U.S. Constitutional provision is for the Congress itself (or their own party)
to remove them with a 2/3 vote... an impeachment process.
3. RobHino surfaced up 2 excellent links that cover it in depth.
Great Reading and includes case histories and court opinions.
►Senate.gov (click Recall of Legislative and Removal of Members of Congress)
►Heritage.org - Can U.S. Senators Be Recalled?
4. Would a Recall fall under a 10th Amendment 'reserved power' to the States?
Not in the opinion of the Courts (see above links).
5. Is recall specifically PROHIBITED by the U.S. Constitution?
No, it is silent. Rather, the process for removal is outlined in the U.S. Constitution and the Courts have historically interpreted this to be the vehicle.
(see links above)
Voluntary Contract / Contract Law
6. Each State has variations of Basic Contract Law
Real Estate 'Contracts' for example vary from State to State...
but all have the essential elements for establishing a valid enforceable contract.
7. The People of Arizona through their State Government has established by Statutory Law a VOLUNTARY CONTRACT (not 'required') by which each candidate, both Federal and State Candidates, may sign (or not sign,) that DECLARES to the People of Arizona whether (or not) they will abide by and comply with the decision of a RECALL ELECTION and resign their office. This happens BEFORE the primaries, the contracts are FILED with the Secretary of State, and remain in effect for the length of their term of office.
►HERE ARE THE LINKS:
Arizona Law: title 19 statues (all)
Arizona Statute 19: 221 Statement(s)
Arizona Statute 19: 222 Pledge
Sample Pledge document
McCain Pledged in 2010 Election (filing)
McCain Pledged (also) in 2004 (news release)
8. Can a person 'give up' their Constitutional 'Rights' or 'Protections' Voluntarily?
Yes. It happens every day. Consider the 'rights' given up by enlisted soldiers.
One of the ESSENTIAL keys, recognized by the courts, is that it be VOLUNTARY.. without fraud or coercement.
9. Can John McCain be recalled from office by the People of Arizona?
Yes. He most certainly can if a recall election is held after the required number of signatures are filed with the State petitioning that a recall election be held.
10. In Conclusion... to this point in the efforts of this thread, concerning an Arizona Recall Election of John McCain...
(Note: there were 1,702,326 votes cast in the 2010 Arizona Senate Race.)
there is only 1 critical threshold:
What Happens when that is achieved?
A recall election is automatic and his name is placed on the recall election ballot (along with a self composed 200 word 'explanation' of WHY it's unfair... his excuses... can't wait to see THAT. :)
Below his name will be a list of qualified nominees to FINISH HIS TERM.
What makes a NOMINEE eligible? 2% of Total Voters for the Office or (approx.) 34,047 signatures on a nominee petition. HERE
►So that's it folks.
ALL that separates us from making this a reality....
is 425,582 disgruntled signatures.
►RobHino has secured a website for a Recall effort (thanks Rob!)
and has put up a 'hold' page pending developers collaborating.
►An existing Committee (or one created) must initiate the recall
with the Secretary of State. HERE is the handbook. (thanks Mark Vette!)