I'm pretty sure that Utah was trying to pass a law that would allow for the recall of a sitting senator after the first impeachment. And I do not remember reading where the constitution specifically said that you can't recall a sitting senator. If the Constitution does specifically not allow the recalling of a sitting senator, could you show me?
All federal law is superceded by the constitution, and per the 10th Amendment, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
I get what you are saying. All I am saying is that the Supreme Court has already considered this exact question and decided differently. Your fight is with them, not me.
I'm pretty sure that Utah was trying to pass a law that would allow for the recall of a sitting senator after the first impeachment. And I do not remember reading where the constitution specifically said that you can't recall a sitting senator. If the Constitution does specifically not allow the recalling of a sitting senator, could you show me?
It’s not permitted under federal law, so Utah couldn’t pass a law saying it could be done.
Source: US Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995).
All federal law is superceded by the constitution, and per the 10th Amendment, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
I get what you are saying. All I am saying is that the Supreme Court has already considered this exact question and decided differently. Your fight is with them, not me.