| − | :Mr. Taranto's criticism of New Jerseyans' right to recall its U.S. Senators (3/20/10) is mistaken. Senators are supposed to be public servants, and a servant can be fired by his master, the people. If the servant cannot be fired, then he is not a servant, and that misguided view of the relationship underlies many of the problems we see today in Washington. In early America, state legislatures would frequently instruct their U.S. Senators how to vote, and it was understood that they would resign if they contradicted any instructions. The17th Amendment granted greater public control over U.S. Senators, not less, and the 10th Amendment reserves to the people retain any rights not expressly denied, including the right to recall. Justice Kennedy, the swing vote in the 5-4 Supreme Court decision rejecting term limits, emphasized that the defect was how term limits disenfranchise voters from repeatedly reelecting the candidates of their choice. But the right of recall enfranchises voters in a manner consistent with Justice Kennedy's concurrence and the views of a majority of the Court. A right of recall is constitutional and essential to restore accountability to a broken system. | + | :Mr. Taranto's criticism of New Jerseyans' right to recall its U.S. Senators (3/20/10) is mistaken. Senators are supposed to be public servants, and a servant can be fired by his master, the people. If the servant cannot be fired, then he is not a servant, and that misguided view of the relationship underlies many of the problems we see today in Washington. In early America, state legislatures would frequently instruct their U.S. Senators how to vote, and it was understood that they would resign if they contradicted instructions. The 17th Amendment granted greater public control over U.S. Senators, not less, and the 10th Amendment reserves to the people any rights not expressly denied, including the right to recall. Justice Kennedy, the swing vote in the 5-4 Supreme Court decision rejecting term limits, emphasized that the defect was how term limits disenfranchise voters from repeatedly reelecting the candidates of their choice. But the right of recall enfranchises voters in a manner consistent with Justice Kennedy's concurrence and the views of a majority of the Court. A right of recall is constitutional and essential to restore accountability to a broken system. |