The Right of Recall

Congress is out of control. The public overwhelming opposes a government takedover of our health care. But Congressional leaders are telling us they don’t care – that they know best, and they’re going to pass it anyway.

We are getting the same attitude on other issues, from global warming regulation, to taxes, government spending, deficits, federal debt, energy policy, welfare, corporate bailouts, and beyond. Too many of our elected Members of Congress are making behind-closed-door deals and ignoring their constituents, calling them “yahoos,” “Nazis”,”and “tea-baggers.”

This isn’t American democracy — this is a shop-worn, elitist, authoritarianism closer to abuses we see in countries like Venezuela.

So, what would happen if the people could change this rotten situation?

Actually, there may just well be a mechanism within our political system to do so — the Right of Recall. Nine states already have laws on the books providing for Recall of members of Congress: Colorado, Louisiana, Michigan, Montana, New Jersey, North Dakota, Oregon, Washington, and Wisconsin. These 9 states suffer 12 incumbent Senators who are members of the runaway Congressional majority, who are not already standing for reelection in 2010, but potentially could be.

For example, the New Jersey state constitution provides, “The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress.”

Tea party activists in New Jersey have already filed to circulate recall petitions regarding Sen. Robert Menendez. Their recent Secretary of State took the position that such recall of members of Congress is not authorized under the U.S. Constitution.

Grassroots activists in Louisiana have similarly already filed for recall of Senator Mary Landrieu, and the circulation of recall petitions there has been authorized.

Exercising this existing statutory right of recall in these 9 states could potentially reverse the control in the Senate this year by placing 12 Senators not currently up for re-eectionion this year on their state ballots. (For more information on this Right of Recall, see www.RecallCongressNow.org).

We have seen the recall process work in California in 2003 when citizens in that state, disgusted with recently reelected Democrat Governor, Gray Davis, voted overwhelmingly to remove him from office in a recall election.

Another nine states provide language in their constitutions to recall only state officials. The other states without recall provisions for members of Congress can change their laws to adopt it. In states with the right to initiative, this can be done by a vote of the people after circulating petitions to put the change on the ballot.

Too many in Congress today are showing us that our representatives can no longer be trusted with 2-6 years in office without ongoing popular accountability. Today’s Congressional majority is threatening to dump a load of bad legislation on the country despite the public’s opposition, daring us to try to “clean it up” later. Only a Right of Recall can prevent such abuses in the future.

The Right of Recall would also help counter the growing problem of voter fraud. If voters felt that an election were subject to too many irregularities in its conduct or in how the votes were counted, they could circulate Recall petitions for a new election.

Every state should adopt the Right of Recall to protect its voters. The constitutionality of recalling members of Congress adopted under state law would ultimately have to be decided in the courts. Or the people could definitively decide the issue themselves through voting to adopt a constitutional amendment, or by electing a Congress that would adopt a federal statute authorizing each state to adopt such a Right of Recall.