General Discussion
In reply to the discussion: Sen. Kelly's full statement on Kegsbreath threat to recall him to active duty and possible Court Martial: [View all]dweller
(27,627 posts)A sitting US senator cannot be recalled to the military .
First he would have to be expelled from the senate .
By a 2/3 majority .
I dont see that happening
Edit: yes its A I
Authority to recall: The law allows for the recall of retired service members to active duty, and in the case of Senator Mark Kelly, the Pentagon cited federal law and stated a recall could be a possible measure following an investigation into allegations of misconduct.
Legal challenges: A recall of a sitting senator would likely face a legal challenge. Constitutional law experts suggest that a sitting member of Congress being subjected to discipline by the military could violate the separation of powers principle. The senator would likely have a strong legal standing to argue against the recall, notes Reuters.
Separation of powers: The Constitution protects members of Congress from certain forms of executive overreach, which could complicate a recall effort, says CBC.
Precedent: A recall of a sitting senator would be an extraordinary and unprecedented event, with one expert stating it is highly unlikely to have ever happened before, based on Military Times.
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