Recall of Congress

From Firethe219

Tuesday, March 23, 2010
The Legal Standards for Recall of Members of the United States Senate and House of Representatives

by Michael Farris, JD
Chancellor and Professor of Government
Patrick Henry College

Thesis:
Members of the United States Senate and House of Representatives are not exempt from state law processes allowing for recall of elected officials.

Statutory Analysis:
Article I § 4 of the United States Constitution gives state legislatures the control of the “times, places, and manners” for the election of members of the United States Senate and House of Representatives.

Eighteen states have provisions which allow the recall of at least some elected officials within that state. However, several of these states specify that only certain offices are subject to recall. Three states specifically provide for the recall of members of the United States House of Representatives or the U.S. Senate. Seven additional states provide for the recall of “all public officials.”

The New Jersey law in question is quite explicit:

Pursuant to Article I, paragraph 2b. of the New Jersey Constitution, the people of this State shall have the power to recall, after at least one year of service in the person's current term of office, any United States Senator or Representative elected from this State or any State or local elected official in the manner provided herein. (NJSA § 19:27A-2).