If the Utah State Legislature passes this bill they can recall him.
Utah H.B. 217: Recall of United States Senator
General Description:
This bill amends the Election Code to provide for the recall of a United States senator.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes a process for legal voters to petition to place a question on the ballot to recall a United States senator;
▸ describes the signature requirements for a petition to recall a United States senator;
▸ addresses forms, timelines, processes, and requirements for an application for recall, preparing and circulating recall petition packets, and verifying and certifying signatures;
▸ addresses a recall ballot question, voting, and canvassing votes;
▸ establishes recall election dates;
▸ provides for legal review of certain actions; and
▸ establishes criminal penalties for misconduct relating to the petition, and related processes, to recall a United States senator.
The only problem with that, is the Congress is a Federal entity, so the Constitution is the overruling authority. There are no provisions in it to recall anyone from either house, and attempts at it from state to do so have been shot down, and SCOTUS has not ruled definitively that it's possible.
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.
It would be a very interesting case to argue States don’t have authority to remove their own Senators if there are no provisions for it. No provisions -> “reserved to the States respectively, or to the people”
If the Utah State Legislature passes this bill they can recall him.
Utah H.B. 217: Recall of United States Senator
General Description: This bill amends the Election Code to provide for the recall of a United States senator.
Highlighted Provisions: This bill: ▸ defines terms; ▸ establishes a process for legal voters to petition to place a question on the ballot to recall a United States senator; ▸ describes the signature requirements for a petition to recall a United States senator; ▸ addresses forms, timelines, processes, and requirements for an application for recall, preparing and circulating recall petition packets, and verifying and certifying signatures; ▸ addresses a recall ballot question, voting, and canvassing votes; ▸ establishes recall election dates; ▸ provides for legal review of certain actions; and ▸ establishes criminal penalties for misconduct relating to the petition, and related processes, to recall a United States senator.
The only problem with that, is the Congress is a Federal entity, so the Constitution is the overruling authority. There are no provisions in it to recall anyone from either house, and attempts at it from state to do so have been shot down, and SCOTUS has not ruled definitively that it's possible.
https://ballotpedia.org/Laws_governing_recall
If Utah passes this, Romney can sue all the way to the SCOTUS. I don't think it's a slam dunk like you think it is.
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.
It would be a very interesting case to argue States don’t have authority to remove their own Senators if there are no provisions for it. No provisions -> “reserved to the States respectively, or to the people”
Nah. It’s open ended. If the state makes it a law then it’s good