Recall Mary Landrieu???

[gsneff]

moveonmary.org

A new website is up and is planning on doing what many say can't be done; recall Mary Landrieu! Under Louisiana Law, as many of you know, elected offiecials can be recalled if a petition is signed by 1/3 of the number of voters t the time the person was elected. This law is vaguein it language not limiting itself to just State and Local elections possibly opening the door to federal office holders some say...
This is where the U.S. Constitution comes in. While the 17th ammendent clearly gives the people the right to vote on their Senator, it says nothing about anywhere about recalling them. According to movonmary.org the 10th Amendment solves this problem stating everythng not specified in the Constitution is left to the States and the People, so problem solved.
But, elections, terms, and removal from office is in the Constitution; so I'm not sold on this argument. I love the idea, but I'm not sold on the actual Constitutionality of it. What do you guys think???

 

[gunut]

I think her days are numbered as far as holing office goes. But this site may get a bigger ball rolling. Wouldn't it be nice if we could get these politicians out of office after we see them breaking all their campagne promises.

 

[Ritten]

I'd vote to kick the traitor out.

 

[CEHollier]

Where do I sign? I have already sent her an email stating my money, time, and vote will be against her.

 

[Ben Segrest]

http://www.moveonmary.org/

 

[dantheman]

We are stuck with that stupid bitch I'm afraid . She has the base to get elected , they will come out in droves to help her survive a recall election .

 

[cajun 22]

Traitor is putting it lightly! Where do I sign.

 

[Wolfgang1952]

I just signed up....

 

[Woods]

I wonder if the question of whether or no it's legal was posed to the LA AG or to a federal DoJ attorney?

Section 5 Article I of the Constitution outlines ways the individual houses of Congress may remove a sitting congressman, but other than that, I don't know. Some might see this to mean those are the only ways a sitting congressman may be removed. Who knows.

It's a pretty grey area near as I can tell.

 

[Fisherman]

Yes! Recall the dirty so and so!

 

[check629]

got my vote

 

[VeedUp]

Mine too, hate that b

 

[artabr]

I wonder if the question of whether or no it's legal was posed to the LA AG or to a federal DoJ attorney?

Section 5 Article I of the Constitution outlines ways the individual houses of Congress may remove a sitting congressman, but other than that, I don't know. Some might see this to mean those are the only ways a sitting congressman may be removed. Who knows.

It's a pretty grey area near as I can tell.

We might be outta luck.
Sadly it looks like the recall might be done before it starts.

This is an opinion from the La. state Attorney Generals office dated March, 2nd, 2009 relating to Rep. Cao.

http://ag.louisiana.gov/Shared/ViewD...pe=4&Doc=19389

March 2, 2009

OPINION 09-0051

Mr. Jay Dardenne
Secretary of State

Office of the Governor
P. O. Box 94004
Baton Rouge, LA 70804-9004

Dear Mr. Dardenne:
You have requested of this Office an Opinion regarding whether Ahn “Joseph”
Cao, U. S. Representative, 2nd Congressional District, may be recalled under
Louisiana law. You further inquire “whether the Secretary of State, and
Registrars of Voters for the Parishes of Orleans and Jefferson, and Governor
Jindal are required to proceed with the recall process set forth under Louisiana
law” in the event our office concludes that Congressman Cao may NOT be
recalled under Louisiana law.
You also advise our office that the Secretary of State’s Office received a recall petition on February 16, 2009, for the removal of Congressman Cao.

Your office date stamped, filed, forwarded the recall petition to the Registrars of Voters for the Parishes of Orleans and Jefferson and Supervisory Committee on Campaign Finance Disclosure, and returned the date stamped recall petition to the recall
Chairman, Reverend Aubrey Wallace.

The United States Constitution does not provide for, nor does it authorize, the
recall of United States officials such as United States Senators, Representatives
to Congress, or the President or Vice President of the United States.

No United States Senator or Member of the House of Representatives has ever been recalled in the history of the United States.
The power to regulate the members of Congress, however, has been reserved
by the United States Constitution to the respective House of Congress.
24-A ELECTIONS – Recall
U.S.C.A. Const. Art. I, § 5
U.S.C.A. Const. Amend X
LSA-R.S. 18:1300.1 et seq.
The United States Constitution has reserved to Congress the power
to determine the qualifications of its own members and to expel its
members when necessary. Because this is a power reserved for the
individual Houses of Congress, the Tenth Amendment of the United
States Constitution does not reserve to the states the authority to
remove members of Congress from office.

La. R.S. 18:1300.1 et seq. are not applicable to members of
Congress and any recall attempt to that effect cannot proceed.




Art

 

[Woods]

And that ought to fairly put the whole business to bed.

Wrong or right, if the AG's office won't receive the petition as legal, no recall.

 

[Praesul Presul]

I fought tooth and nail to get everyone I know not to vote for her in the last election and it wasn't even close. Like dantheman stated, she has the base to keep getting elected.

I'll sign.