How To Deal With a Faithless State Lawmaker: The Hudak Recall

Posted by on Nov 27 2013 | Civil Rights, congress, Constitutional Law, Constitutional Theory, elections, guns, Politics, Second Amendment, TABOR

Advocates of freedom and constitutional rights won a victory today when Senator Evie Hudak resigned to avoid being recalled.

For years, people have asked me, “When a Member of Congress repeatedly violates his or her oath of office, what can we do?” Because Congressmen can’t be impeached (and their colleagues rarely expel them), my answer always has been, “You have no alternative but oppose him or her in the next election.”

But for Colorado elected officials, we do have an alternative: recall. And after long failure to use that tool, the voters finally have deployed it—three times this year.

Recall elections work because in recall elections, unlike general elections, issues aren’t “bundled” together in inseparable packages. You vote on one office, and on the record of one politician. Of course, the political class doesn’t like that: They like it when government is involved in so many matters and election campaigns are so muddled that you don’t really have a clear “yes” or “no” vote: So you just re-elect the person whose name you know—the incumbent.

But a recall, like a voter initiative, offers the electorate a much more focused choice. It’s democracy at its finest.

In some other states, the political class (sometimes through the courts) have gelded the recall process by requiring adequate “cause” for a recall. In those states, whether there is “cause” is decided by (guess who?) the politicians or judges. In light of what has happened this year, look for an effort to limit recall in Colorado, too. If they do try to limit recall, just remember: In a republic, lawmakers are the agents of the people, and the only judges of whether an agent has been faithful are those who hired him.

In the case of Evie Hudak, the signs were that a majority of her district believed she had been faithless: Contrary to her oath of office and contrary to her employers’ instructions (as set forth in the state and federal Constitutions), she had attacked our right to keep and bear arms. Because of this, she deserved to be gone, just as much as if she had attacked our right of free speech or our state constitutional right to vote on tax increases.

no comments for now

Trackback URI | Comments RSS

Leave a Reply

Clicky Web Analytics