Utah Senator Mitt Romney - Please Resign

Utah Senator Mitt Romney - Please Resign

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Committee to get Senator Romney to resign from US Senate. started this petition to Utah Senator Mitt Romney

Please read the information below and see that we cannot recall Senator Romney, but we can show that he has no support left for him in Utah.  Please sign this petition.

THE QUESTION   Is it possible to force a United States senator into a recall election?

THE ANSWER    No. The only way to remove a senator from office before their term ends is through expulsion, which must be voted on by two-thirds of the Senate.

The 2020 proposed legislation titled “United States Senator Recall Amendments” provides for the recall of a United States Senator elected to represent Utah. As explained below, based on applicable federal constitutional language and current interpretations of that language in state and federal case law, this legislation is likely to be declared unconstitutional by a court.
In ruling on a challenge to the constitutionality of legislation, lower courts must follow United States Supreme Court opinions and Utah Supreme Court opinions that have decided the same issue. Each Supreme Court will generally decide constitutional issues consistent with its previous decisions on the issue but, in narrow circumstances and on rare occasions, can overrule an earlier decision on the same issue or substantially depart its prior decisions.

I. The Supremacy Clause of the United States Constitution Likely Precludes States from Enacting Law That Permits the Recall of a United States Senator.

The Supremacy Clause of the United States Constitution provides that “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . shall be the supreme Law of the Land . . . any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” (U.S. Const. art. VI, cl. 2) Under the Supremacy Clause, state law that conflicts with the federal constitution is without effect. (See Maryland v. Louisiana, 451 U.S. 725 (1981)). The federal constitution provides only one method of removing a senator before the end of the
senator’s six-year term, and that method is by expulsion by two-thirds of the Senate. (U.S. Const. art. I, sec. 5, cl. 2

II. A Court Would Likely Hold That the Drafters of the United States Constitution Did Not Intend to Allow for the Recall of Senators. Historical records make it clear that a recall provision for Senators was considered, and rejected, by the constitutional convention. First, while the Articles of Confederation allowed for the recall of members of Congress, this provision does not appear in the federal constitution. Second, the records of the constitutional convention demonstrate that the idea of including a recall provision was introduced, and unanimously stricken. (Committee to Recall Robert Menendez from the Office of U.S. Senator v. Wells, 204 N.J. 79 (2010), citing Records of the Federal Convention of 1787 (M. Farranded. 1911)). Amendments to include a recall provision were later proposed by New York, Pennsylvania, and Rhode Island, but these attempts were unsuccessful. (Menendez, citing Debates on the Adoption of the Federal Constitution 172 (J. Elliot ed., 1836)).

III. Caselaw Supports the Likelihood That a Recall Provision for United States Senators Would Be Struck Down as Unconstitutional.

Conclusion   Based on the foregoing analysis of the plain language of the United States Constitution, the historical record relating to the constitution and the 17th Amendment, and relevant caselaw, it appears that if the 2020 proposed legislation, titled “United States Senator Recall Amendments” is challenged, it is likely that a court would declare it unconstitutional and unenforceable pursuant to the Supremacy Clause.

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