I agree that we could Recall him under the AZ Constitution, Art.VIII (8)! We also have a statute that precludes him having been on the ballot beyond a certain number of times. (I don’t recall Title and Section right now, but it is there. Apparently, we must be afraid to enforce it. . . .)
Yes, it is up to We the People of our Great State of Arizona to determine the method for removing our Members of the U.S. Congress! We just have to invoke our right and power by acting with the method we have chosen!
Regarding impeachment: We the People did not delegate to the federal government, the power to “impeach” a Member of Congress. Impeachment occurs within the Congress for removal of “The President [the Chief Justice presiding], Vice President and all civil Officers of the United States, . . .” Art.II.§4. (See below regarding the federal judiciary.)
However, we did delegate: “Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and with the Concurrence of two thirds, expel a Member.” Art.I.§5.Cl.2.
So, if We the People could convince two thirds of the Senators to expel John McCain, Arizona, the Nation and the world would be better off!.
There being no other provision delegated by the States to the federal government for removal of a Member of Congress, nor prohibited by it to the States, the 9th & 10th Amendments apply.
Protected by the 9th Amendment: The “right” to remove a Member of Congress from office is “retained by the people.”
Protected by the 10th Amendment: The “power” to remove him is “reserved to the States respectively, or to the people.”
Hence, although he cannot be “impeached,” John McCain MOST CERTAINLY CAN be removed by the State of Arizona, or, by We the People of Arizona!
Another plausible, but unlikely, remedy to John McCain’s outrageous and arguably treasonous behavior would be for President Trump and Attorney General Sessions to realize that he has crossed the line intended to protect our Nation from citizens who take it upon themselves to attempt to influence foreign governments, and has violated the spirit of the Logan Act (1799). This Act has been in the News a lot lately (See the relevant text below).
I submit that among the many audiences of his arguably treasonous declarations—if not specifically “any foreign government”—are undoubtedly included officers or agents of foreign governments! What would otherwise be the point!? [I was glad to see that the Nation has not forgotten that we have such a law, even though no one seems to have the courage to invoke it whenever it has clearly been violated!]
From what I’ve heard, John McCain’s actions have escalated beyond protected freedom of speech!
Further, the prestige afforded him by the Great State of Arizona by virtue of OUR Senate Seat he holds, does not exempt him from responsibility and accountability for these and other actions—including his apparent aiding and comforting of the enemy in Syria and Iraq—that could quite rightly constitute violations of Art.III.§3. “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. . . .”
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I need to clarify that my treatment of the subject of activist federal judges, titled, “Good Behaviour!” addresses the constitutional clause that the Framers applied only to the federal judiciary, who have been acknowledged as impeachable. The Constitution does not specifically state how federal judges can be removed for not continuing in Good Behaviour. But, removal is certainly implied, and it is logical to infer that this action is also effected through impeachment by the Congress.
Being then impeachable, we need to invoke the Good Behaviour Clause of Art.III. against activist judges/justices who issue unconstitutional orders/decisions and expect We the People to suffer in perpetuity, bound by them!
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The Logan Act, currently codified as: 18 USC §903:
Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both. . . . (Emphases added.)