After signing the petition individuals receive an email from the DCCC saying, “Thank you for taking action through Care2 to protect America’s middle class and to keep our country moving forward. The DCCC is committed to supporting Democrats across the country because the success of President Obama’s agenda depends on a strong Democratic majority.”
The petition states:
Marco Rubio in his own words previously while serving in the state legislature; during his campaign for office and his recent rhetoric on TV, Talk Radio, commercials, emails and surveys sent to his constituents stating that the border must be secured first then path to citizenship. The senator now has changed his promise to suit what he decides is in his best interest and not honor his own commitment to his campaign, voters and supporters thereby disenfranchising them.
Had the Senator expressed his true beliefs on illegal immigration over his term in the state legislature and during his campaign it is doubtful that he would have acquired the nomination to run as the republican candidate for Senator from Florida and most assuredly the election results would be in doubt for his favor.
Due to his own words and actions Senator Marco Rubio has nullified the votes cast for him by disenfranchising voters with glib and false rhetoric corrupting the good faith and will of the voters whose recourse now is to recall the Senator and force him to reveal the factual representation of himself and allow the voters to now judge him based on his true beliefs, values not on false and misleading campaign rhetoric statements.
To view the petition click here.
According to Attorney David C. Grossack in his white paper “A Legal Analysis Prepared for the U.S. Citizens Association” states, “While 18 of the 50 United States offer their citizens an opportunity to recall their elected officials [Florida is one of these states], it is a fact that in our nation’s history, no federal legislator has yet been recalled. It has not been for lack of interest. Rather, the process has languished in part due to debates on whether or not legal authority exists for recall of U.S. Senators and Congressmen…”
Grossack notes, “Legal scholars who have written concerning the issue frequently point out that the issue of recall was heavily debated by the Founding Fathers during the drafting of the Federal Constitution. They deliberately omitted language enabling recall from the Constitution, and some use this as a basis for arguing that recall is not constitutionally permissible. The Founding fathers did, however, subsequent to the body of the Constitution, amend it. The first ten amendments to the Constitution are known as the Bill of Rights. Most appropriate to this discussion is the Tenth Amendment.”
The Tenth Amendment reads as follows:
The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.
“What certain commentators and scholars don’t acknowledge that while debate over recall occurred in 1787, it was four years later (1791) that they gave us the Tenth Amendment. The timing may or may not be indicative of a shift of attitude about recall on the part of the Framers,” states Grossack.
BallotPedia states, “The recall of local elected government officials in Florida is governed by Fla. Stat. Ann §100.361. This statute applies to “cities and charter counties whether or not they have adopted recall provisions.” Florida’s recall law says that the law is applicable to Florida’s charter counties, regardless of whether the county has specifically included a charter provision in its county charter governing recall. Florida has 67 counties, and as of 2010, 18 of these counties were charter counties.
Florida’s charter counties are: Alachua, Brevard, Broward, Charlotte,Columbia, Duval, Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole and Volusia.
While May’s petition may send a political message to Senator Rubio, as of the writing of this column the petition has 1,748 signatures, it has quetionable grounds in Florida laws.
Tim Brown from Freedom Outpost reports, “Earlier in the week, we told you how Arizona has had it with Senators John McCain and Jeff Flake over their persistent push of the Senate’s amnesty bill and began petitions to recall them.”