Impeachment question for experts

[Just_A_Guy]

7 hours ago, anatess2 said:

Remains true.  The method of election of a Senator does not change the fact that a Senator represents the State Government. The 17th amendment does not provide limitations on the State Governments to recall their Senators.  Therefore, that remains the right of the State Government.

And that distinction arises from the fact that we have to hold an election for vacant House seats, whereas the governor can unilaterally fill vacant Senate seats?

[anatess2]

23 hours ago, Just_A_Guy said:

And that distinction arises from the fact that we have to hold an election for vacant House seats, whereas the governor can unilaterally fill vacant Senate seats?

A House Seat is representative of a group of people (congressional districts).  They do not represent the State Government and, therefore, cannot be recalled by the State Government without that specific power given to them by the people in that specific district for that specific House representative only.

The only reason State representatives are elected by the people is because the convention of States decided to give the Fed government that specific power to dictate how State representatives are elected.  They did not give the Fed govt power to dictate recalls.  So, a State government can codify a process to recall their representative to create a vacancy and fill that vacancy according to 17A which can include a temporary assignment provided for by the State government.

Similarly, the convention of States did not give the Fed govt the power to dictate how States seat electors or how their State electors decide their votes for the POTUS - and that’s why the Supreme Court ruled for Bush in Bush v Gore because in the end, the State of Florida has the supreme right to decide how their electors are slated.

Edited February 10, 2020 by anatess2