Subject: Idaho decision on recall of congressmembers
From: "ban@richardwinger.com" <richardwinger@yahoo.com>
Date: 6/19/2003, 3:46 PM
To: Holman@aol.com
CC: election-law@majordomo.lls.edu
Reply-to:
ban@richardwinger.com

I just dug it up.  It's Rankin v Cenarrusa, state
district court, 4th district (Ada Co.) civil 39700. 
It came out Sep. 28, 1967.  The decision says "The
effect of a state recall of a US Senator would be a
violation of Article One, sec. 5, clause 1, in that
the voters of the state would be determining the
qualifications of a Senator after his election."  The
decision is 5 legal size pages long, and it quotes
from the debate at the constitutional convention.  My
copy is very, very faint and a few lines are
illegible.

--- Holman@aol.com wrote:
Thanks for the note on the Idaho state court
rejected recall of federal 
officeholders. I do not need to read the case; I
just need to compile whether the 
issue has been addressed -- though I might add that
an Idaho state court 
doesn't carry much precedent. Perhaps I will hear of
other cases by tomorrow.
Thanks again.


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