Menendez Appeals to Court to Stop Recall Effort

[cal04]

http://politicalwire.com/archives/2010/04/06/menendez_appeals_to_court_to_stop_recall_effort.html
Sen. Robert Menendez (D-NJ) has appealed to the New Jersey Supreme Court to stop a recall effort, the Newark Star Ledger reports.

Menendez argues the U.S. Constitution "trumps both the state constitution and state law, which permit the recall of federal officials. The federal Constitution neither permits nor prohibits such recall efforts."


U.S. Sen. Robert Menendez appeals to N.J. Supreme Court to stop recall effort
http://www.nj.com/news/index.ssf/2010/04/us_sen_robert_menendez_appeals.html
(snip)
"Mainstream New Jerseyans believe deeply in the U.S. Constitution that for more than 200 years has made ours the greatest form of government in world history," said Afshin Mohamadi, a spokesman for Menendez (D-N.J.). "This attack on the Constitution undermines our uniquely American system of democracy and will be contested."

[DJ13]

1. The GOP should be careful pushing this

It will lead to recalls of Republicans in other states, and seems (typically Republican) shortsighted.

[karynnj]

2. What about in NJ itself - with an unpopular governor???

There are fewer questions of whether a governor could be recalled than a Senator being recalled. I wonder how Republicans who voted for him because he said he would not take away their property tax rebates, as Corzine did for those with income above $75,000 like him now when all rebates are gone and their schools are seeing huge cuts - but he is intending to repeal Corzine's tax on those making over $400,000. (not a typo - $400,000 annual income.)

[Pab Sungenis]

4. Unfortunately, you have to wait a year to recall an elected official.

By the time you can start, the damage is already done.

Still, I would expect to see a few recall petitions circulated for Christie come January 3rd, the earliest date they can be circulated.

[karynnj]

5. Interesting

I can believe you might - here out it in Republican land in NJ, there is big concern about the schools.

[Pab Sungenis]

3. Shut up, Bob.

If you were worth anything as a Senator, we wouldn't be trying to recall you now.

[karynnj]

6. "we"

Are you trying to recall Senator Menendez? That makes no sense as he has done nothing that I know of that is unethical or deserves it.

[Pab Sungenis]

7. I want to see him recalled, yes.

Haven't had the petition come to me yet but will sign it when it does.

I swore I'd see him out for his vote on the Baucus Bill, and I will always work to see him turned out of office either by primary or by recall.

[arendt]

8. Do you understand the Constitution? You are tearing it up.

It has been EXPLICIT for the life of the Republic that Senators CANNOT be recalled.

You are letting yourself be used by the GOP to further shred the Constitution.

Idiot.

[Pab Sungenis]

9. No, it's not clear at all.

The subject of recall or lack of same has never been addressed, and is not mentioned in the Constitution. In fact, during the years when state legislatures appointed Senators, they would occasionally recall and replace Senators. Why shouldn't we, as a voting public, have the same power?

[arendt]

10. It hasn't been addressed because it is settled. This is a brand new...

end around to disrupt the government. Cite me one case since ~1920 (year direct election of Senators became law) that got further than summary judgment against the recall.

Can't you see that the GOP would benefit the most from this kind of BS? They are the experts at whipping up hatred; and recalls are about hatred more than anything else. There are twice as many Dems to recall than GOP.

If this is such a legal tactic, why didn't the Dems even try it against Bush? Because it is ILLEGAL.

We shouldn't have this power because it would just turn the "permanent campaign" into the "permanent recall fight".

To get such power, a Constitutional ammendment would be required. Is such an ammendment the best use of the Democrats political capital? No. But the GOP - they would kill for this kind of power.

[arendt]

11. Read a Congressional Report on the subject

http://docs.google.com/viewer?a=v&q=cache:DTZc-a95GJEJ:lugar.senate.gov/services/pdf_crs/Recall_of_Legislators_and_the_Removal_of_Members_of_Congress_from_Office.pdf+constitution+recall+senators+%22recall+%22&hl=en&gl=us&pid=bl&srcid=ADGEESggNCCSCe_qDKEVA4psiZcMneviTzPY3Zveg6O5no31z7uotUziTfJ50fFsv3wvgUcZIo8PtpvqszpwRiWYJ1IK8EfHGvRJrACL6BTt1jb6FEN9VAulrnv4FmoadZl2yj3ANLrd&sig=AHIEtbRxg6jY0FKyqDZX4e5l5yofaCW5eg

"there was never a provision adopted in the Constitution for the "recall" of a member of Congress, and thus no member has ever been recalled in the history of the United States. Individual States never had such authority, and thus could not have "reserved" such power to unilaterally change the terms and conditions of service of federal officials agreed upon and created in the Federal Constitution."

It doesn't get any clearer or more authoritative than that. BTW - the author of the report is GOP Senator Richard Lugar.

=====

This isn't about Menendez. Its about taking yet another bite out of the Constituion and reducing the political process to a knife fight.

Wake up.

[arendt]

12. The beginning of the link keeps being chopped off...

Put this on the front of what shows up

http://docs.google.com/viewer?a=v&q=cache:DTZc-a95GJEJ:

[arendt]

13. oy vey. Now strip off the "TZc...blank"> from what shows up...

[arendt]

14. If this doesn't get mangled, its an HTML link to same.

http://webcache.googleusercontent.com/search?q=cache%3ADTZc-a95GJEJ%3Alugar.senate.gov%2Fservices%2Fpdf_crs%2FRecall_of_Legislators_and_the_Removal_of_Members_of_Congress_from_Office.pdf+constitution+recall+senators+%22recall+%22&hl=en&gl=us

[arendt]

15. Link works. Here's the relevant law.

Although the Supreme Court has not needed to directly address the subject of recall of Members of Congress, other Supreme Court decisions, as well as the weight of other judicial and administrative decisions, rulings and opinions, indicate that: (1) the right to remove a Member of Congress before the expiration of his or her constitutionally established term of office is one which resides exclusively in each House of Congress as established in the expulsion clause of the United States Constitution, and (2) the length and number of the terms of office for federal officials, established and agreed upon by the States in the Constitution creating that Federal Government, may not be unilaterally changed by an individual State, such as through the enactment of a recall provision or a term limitation for a United States Senator or Representative. Under Supreme Court constitutional interpretation, since individual States never had the original sovereign authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be “reserved” under the 10th Amendment.