Man tries to recall Landrieu Thanks Longknife

Posted: 01/10/2010 by Lynn Dartez in 2011

Ruben is one of my group leaders. They are stating  this because the last time someone tried they did not get enough signatures.  We are still moving forward on this issue. Will not be told we can not do it.  Waiting for the big dogs to start barking first. Then we will see what happens.

Lynn Dartez

BATON ROUGE — A New Iberia man’s drive to recall U.S. Sen. Mary Landrieu is useless since there’s no provision in state or federal laws or constitutions that allows it, says Secretary of State Jay Dardenne.

Ruben T. Leblanc, of 505 Wiltz St. Lot No. 4 in New Iberia, properly filed a recall petition with the Secretary of State’s Office on Monday, but it was rejected Tuesday as being invalid because there’s no legal way to recall a congressman or U.S. senator, Dardenne said.

The recall process stops there because Dardenne said he could not mail copies of an invalid petition to registrars of voters across the state to certify signatures. He discussed his decision with Leblanc this week and sent a letter citing his reasons and a copy of an attorney general’s ruling on recalling federal officials.

Dardenne based his decision on a 2008 opinion issued by Attorney General James “Buddy” Caldwell when a Jefferson Parish man wanted to recall U.S. Rep. Anh “Joseph” Cao.

Caldwell said research found that only the respective bodies of Congress can decide on the suitability of its members and remove them. The Louisiana Constitution provision on recalls applies only to state and local officials.

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Comments
  1. Lynn Dartez says:

    We are moving forward with it. The Power is give to The People of the state to do so. There is a lot going on with this petition. We have done all we can to let those serpents know where we stand on the issues. We will beat them at there own game.

    Next week I will be going through our state historical records to see if we have ever became part of the union since the last Secession of Louisiana. If our state has never applied for statehood again everyone will know about it. It is believed that we never became a state since 1869. If this holds true all that the Feds have done is completely illegal.

    Our Senators and Congressman will have to step down. The Federal Government would have no Jurisdiction over us in Louisiana. We can demand that Missouri be brought back to Louisiana. See Missouri still belongs to Louisiana. We can give New Orleans back to Florida where it belongs in the first place.

    This will be a big blow to those Idiots in Washington DC. I know my history and will soon see what will happen.

    Lynn Dartez

  2. longknife21 says:

    The Constitution: Article I, Section 5:
    Each House shall be the Judge of the Election,Returns and Qualifications of its own members, ,,,,
    The above has been used as an argument against any recall of Congressmen or Senators. However, I encourage you to go forward with your petition drive, but add a clause that states you want each House to pass a Rule to allow Recall.
    Even if it fails, or is denied for the above reason, the petition drive will be a great tool to raise awareness, and to expose the current corruption of both Houses of Congress.
    Another petition could be used to demand a Constitutional Amendment to stop Congress from exempting themselves from the onerous laws and programs they force on the Citizens. Social Security and healthcare would be quickly fixed if they couldn’t exempt themselves from them and create special benefits for themselves at the expense of the tax-payers.
    I also think that we need a petition drive to require a Constitutional Amendment to define Natural Born Citizen & Native Born Citizen, and to stop the Anchor-Baby nonsense, the Federal Courts are not to be trusted anymore.

  3. tpgow says:

    This is the reason why. You can file, but they throw them out.

    Ok I can understand the confusion. Maybe I can be of some help here. There is in 18 states a recall provision to recall elected officials. Unfortunately though you can go through the process of collecting signatures and hopefully the state secretary will read it. Per the constitution you cannot recall a federally elected official:

    Amendment XVII
    The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
    When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
    This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
    Now if you get to that point of the State Secretary filing the recall the FEDERALLY elected official they will just file an appeal using the “Supremacy Clause” The preemption doctrine derives from the Supremacy Clause of the Constitution which states that the “Constitution and the laws of the United States…shall be the supreme law of the land…anything in the constitutions or laws of any State to the contrary notwithstanding.” This means of course, that any federal law–even a regulation of a federal agency–trumps any conflicting state law.
    Preemption can be either express or implied. When Congress chooses to expressly preempt state law, the only question for courts becomes determining whether the challenged state law is one that the federal law is intended to preempt. Implied preemption presents more difficult issues. The Court has to look beyond the express language of federal statutes to determine whether Congress has “occupied the field” in which the state is attempting to regulate, or whether a state law directly conflicts with federal law, or whether enforcement of the state law might frustrate federal purposes.
    However also remember, in a specific ruling from a court, a federal court in 1967 dismissed a suit which attempted to compel the Idaho Secretary of State to accept petitions recalling Senator Church of Idaho. In the unreported decision, the court found that Senators are not subject to state recall statutes, and that such a state provision is inconsistent with the provisions of the United States Constitution. This case would have to be overturned to recall. What would have to happen is a constitutional amendment would have to be added to the federal constitution to recall senators and representatives. Our founders did debate this be added to the constitution but, it failed because of a low vote and was never added to be ratified by the states. Now a senator can be expelled by the “Expulsion” process which is an internal recall of congress but, good luck with that. Some strict theory states per the constitution you can’t recall a senator but, it has never stopped people from doing so yet, in history NO senator has ever been recalled. It is usually on a state level of state officials per their individual state constitutions.

    Above is the process to get a recall but, the outcome of success isn’t reality, unless they have the money and time to get to the Supreme Court to overturn or at least try to overturn precedent already ruled by the court in the 1967 case. No state constitution can supersede the US Constitution.

    I hope this has been helpful.

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