Prior to Amendment XVII, Could Legislatures Recall Senators?

1,098 Views | 3 Replies | Last: 1 yr ago by Wicked Good Ag
Smeghead4761
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Basically, before the 17th Amendment, when Senators were appointed by state legislatures, could the Legislature recall a Senator and replace him with another?

I'm mostly thinking about if majority control of a state legislature changed party, but also possibly if the Senator did something the legislature strongly disapproved of, a la John Cornyn et al yesterday.
Sapper Redux
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No. It wasn't considered constitutional.

This article has an interesting discussion of the history beginning on page 574:

https://scholarship.law.wm.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1874&context=facpubs
cavscout96
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AG
haven't read the article yet, but a point to ponder.

Articles 9 and 10 pretty much state that "if it isn't covered here, it goes to the states."

So, if a State were to establish a state constitutional process to recall US Senators, it should be valid.

The US Senator rep's the STATE, not the feds. Logically speaking, if the people of a state want to recall their US Senator (or Rep) they should be able to, no?


Wicked Good Ag
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cavscout96 said:

haven't read the article yet, but a point to ponder.

Articles 9 and 10 pretty much state that "if it isn't covered here, it goes to the states."

So, if a State were to establish a state constitutional process to recall US Senators, it should be valid.

The US Senator rep's the STATE, not the feds. Logically speaking, if the people of a state want to recall their US Senator (or Rep) they should be able to, no?



Notbagreeing or disagreeing but one point i would make is that a "US Senator rep's for the STATE, FOR the feds" would be a better point to make
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