To: Senator Mitch McConnell, Senator Chuck Grassley, Representative Bob Goodlatte, President Barack Obama
A Proposal to Amend the US Constitution to Recall Members of Congress
Proposing an amendment to the Constitution of the United States relative to the Right of Recall of Members of the United States Congress by the People.
Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein),
That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the constitution when ratified by the legislatures of three-fourths of the several States:
"Section 1. The Right of Recall of an incumbent member of Congress, directly by the People, and for good cause shown (including but not limited to High Crimes and Misdemeanors, Unethical Conduct, Breach of Fiduciary Duty, Arbitrary or Capricious Conduct, or decision-making not pursuant to law or not based in fact) shall be established.
"Section 2. The People shall have the power to enforce, by appropriate petitions or plebiscite, the provisions of this article.
"Section 3. This article shall take effect 2 years after the date of ratification."
Why is this important?
The proposal is for a Constitutional Amendment for a recall provision to be enforceable against a sitting Member of Congress. This recall provision would provide more regular and continuous oversight of elected public officials to ensure their responsiveness to the Will of the People. The People should not tolerate an incompetent or corrupt or unresponsive elected official exhibiting a willful disregard of those represented, particularly when they serve in Congressional leadership positions affecting the Nation at large. Why should the American People have to wait until that elected official's term of office expires?
For example, it is evident that the current Congress' priorities and actions do not reflect the Will of the People. In blatant disregard to that Will, the leadership in Congress has, when in the minority, obstructed Justice by manipulating the Rules of Congress to require more than a majority vote when, by their own precedent, no supermajority vote was previously required. Senators and Representatives are on official public record for abusing the right to filibuster to force delays and otherwise obstruct the good faith business of Congress. When in the majority, they have passed laws providing for unfair advantage in electoral processes, redistricting federal districts unrepresentative of the demographics of States, all to ensure a "safe" district for their party. This is in blatant disregard of general rules of good government. This government was based on a simple principle of majority rule with minority rights. The factions in Congress have forced minorities to find super-majorities to overcome the abuses to procedural rules. If this principle is to be a precedent, then the People can employ that same principle, the right of a relatively small minority of the electorate to force a recall election of an official acting in bad faith.
It is the hope of the People that such a threat of recall will deter and/or penalize our elected representatives from taking political positions that offend the clear majority of US Citizens not otherwise represented. The system of campaign finance combined with professional lobbying has so corrupted the process of legislating that the majority of Americans feel disenfranchised and politically alienated from their government. It is the only way to create a counter-balance to all the special interests and single-issue groups who now dominate the time and attention of the Legislature. Further, these political pressures have made it impossible for our Representatives to consider anything other than their own short-term interests and political advantages, thereby ignoring what is in the long-term best interests of the American People. At a minimum, it is the hope that such a recall provision will effectively stymie an official intent on pursuing such a conflict of interest between themselves and their electorate, constantly occupying them, instead, with the threat of needing to campaign in perpetual recall elections.
It has long been the right, in many State Courts, to file what is known as a "Writ of Mandamus" against any public official who is acting in an arbitrary or capricious manner, usually without reference to the facts or the rule of law. However, no such right exists at the Federal level. Given our current history, the wisdom of such a Constitutional Amendment is clear.
Never has the need been greater.
Current events are now witness to the Senate Majority Leader, Mitch McConnell, announcing in public that he will not call for hearings, under any circumstances, to confirm a Constitutionally mandated Presidential nominee for the Supreme Court of the United States. There is no legal precedent, and no precedent of Congress for this action. It is clearly an arbitrary and capricious act designed to bring about a political result. This is in contravention to the clear original intent of the US Constitution and the current Will of the People. Under his "stewardship" the People have witnessed the repeated abuse of the Rules of the Senate in order to obstruct virtually every legislative initiative of our duly elected President. The People cannot wait to "vote him out of office." The power of the incumbency is so great that he may never be voted out - even against the popular vote of his own electorate. This hurts all of us, not just those in his home State. There are Supreme Court cases that need the ninth Justice to decide them. With the Senate Rules and the Electoral Rules being abused, daily, this obstructionist faction (that clearly does not believe in any proper role of government or any acceptable level of taxation or spending) continues to gain power in Congress. Such policies amount to Sedition and Treason in the traditi