Idaho's Weekly Journal of Local & National Commentary Week 2815


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by Free Market Duck

Can Idaho U.S. Senator Larry Craig be Recalled?
(Oct 17, 2007)

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.

   Buzz, wrong.

   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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