As much as Tea Party members whine that Congress is violating the Constitution, one would expect the group not to advocate clearly unconstitutional measures itself. Well, this logic has not influenced the Tea Party movement.
According to the Washington Times, the Tea Party movement is trying to "recall" several Democratic senators before their terms in office expire. The Washington Times reports that several states have "recall" measures that cover federal officeholders. There is a major problem with these laws: they violate the Constitution.
As the Supreme Court held in Powell v. McCormack, the Constitution establishes all of the requirements for members of the House and Senate. In Powell, the Court held that Congress could not alter those requirements. The House tried to block Adam Clayton Powell from taking his House seat on the grounds that he had engaged in financial impropriety. The Constitution, however, did not allow the House to block Powell, because he had met all of the requirements of office listed in the Constitution.
In US Term Limits v. Thornton, the Supreme Court extended Powell and held that states lacked the authority to alter the requirements of members of Congress as well. Thornton involved a challenge to an Arkansas law that established term limits for members of the House and Senate. The Court held that the law violated the Constitution. There is nothing unique about a "recall" statute that would make it permissible.
Nothing in the Constitution permits the recall of members of Congress -- although the Constitution does allow each house to "expel" a member. The only power that voters have over members of Congress comes through the normal electoral process. That process takes place every six years for members of the Senate and every two years for members of the House. The Tea Party crowd will have to wait until the targeted senators complete their terms. Yes -- the law applies to everyone.
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