Additional Item in LPSF Agenda for 01/14/12

Dear All,

I responded today to a message on the LPSF voice mail from Derrick Smith (I do not believe I know him, and I do not know how to spell his name). Derrick wanted to know whether the Libertarian Party has started working on the "recall of Senators Feinstein and Boxer." I told him that I was a representative of the Libertarian Party of San Francisco only, that our business meetings are open to the public, and that he could drop in to state his case in 10 minutes or less if he wished. He accepted the invitation, but indicated he did not know at what time exactly he would drop in.

I have added the subject to Saturday's agenda. I will post the agenda on the website sometime today (I had already posted it on this list for your review). Any other item or suggestion you might have for the agenda can be taken care of at the beginning of the meeting.

BTW, I do not believe there is such a procedure that "recalls" senators, for good reason. Our Founding Parents hoped the nation they created would not turn into a Banana Republic really fast.

Marcy

All the courts that have considered the question have concluded that members of Congress cannot be recalled by state recall procedures. These include state courts in New Jersey and Idaho. This is for the same reason that states can't pass term limits laws on members of Congress. States can't do anything to add to the constitutional qualifications for people to serve in Congress, nor can Congress itself. They are fixed in the US Constitution and since congressioinal recall isn't in the US Constitution, it doesn't exist for Congress.

Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147

Thank you, Richard. If I may, I will print your response, along with the CA Secretary of State's clear indication that CA recall procedures do not apply to federal officers, and bring to the meeting. I have no idea what angle Derrick Smith has to recall the Senators, but I am curious to find out.

Marcy