- Sen. Menendez Recall Killed By NJ Supreme
Exclusive to Rense.com
- As I predicted back in June, and fully
explained in Footnote 1 below, the New Jersey Supreme Court has killed
the effort to recall U.S. Senator Robert Menendez:
- Nov. 18, 2010. Court kills Robert Menendez
- "The New Jersey Supreme Court struck down a tea
party-led push to recall Democratic Sen. Robert Menendez as unconstitutional
- "In a 4-2 decision, state Supreme Court justices
said that the Constitution forbids the recall of a sitting U.S. senator.
Lawyers for The Committee to Recall U.S. Senator Robert Menendez argued
that New Jersey law allows for such a recall, but justices determined that
law was pre-empted by federal statute."
- No where in Art. 1, Section 3 of the U.S. Constitution,
Art. 1, Section 3 does it contain any language about recall.
- The Tea Party Activists who brought the lawsuit are very
unhappy and indicate they will take it to the U.S. Supreme Court. It will
be shot down there, too. Just like term limits, the U.S. Constitution would
have to be amended. I hope the sincere (and desperate) plaintiffs do not
file a Petition for Writ of Certiorari. In my humble opinion, it will be
a waste of time and money.
- New Jersey became a state, December 18, 1787. The U.S.
Constitution was adopted on September 17, 1787. New Jersey ratified the
U.S. Constitution on December 18, 1787; 38 votes for and 0 against. Delegates
for the State of New Jersey knew when they ratified the U.S. Constitution
that it did not include recall for members of the newly created U.S. Congress.
The state legislature of each state were the "You're fired!"
authority, not voters.
- Or, term limits. Of course, back then, how could any
of the delegates even imagine individuals (like deceased Sens. Robert Byrd,
Teddy Chapaquidick Kennedy and "censured" crook, Rep. Charlie
Rangel) serving in Congress would fight like dirty dogs to stay in office
15, 20, 30, 40 --51 years!
- The sticky legal issue in the lawsuit was an amendment
to the New Jersey State Constitution back in 1993 allowing for recall for
members of Congress. Fed up citizens got a constitutional amendment passed
and the first potential history making challenge was shot down.
- Which, of course, brings me back to one of my crusades
for the past 15 years: The Seventeenth Amendment, which
was clearly not ratified by enough states despite what's posted on
inaccurate sites like Wikipedia.
- One of the Amicus Briefs filed stated:
- "B. The Seventeenth Amendment Restored to the People
of the Several States their Inherent Power to Direct Election of the United
States Senators Representing Their Respective States."
- "Thus, the Seventeenth Amendment divested the legislatures
of the several States of the power to elect the members of the Senate,
and expressly vested that power in the people of the several States. The
immediate goal of the amendment was to make the senators "more ...
accountable to the people (id.), and thus, more consistent with the founding
principle of the nation's charter that "governments are instituted
among men, deriving their just powers from the consent of the governed.
Declaration of Independence. Pursuant to this principle, it is the people,
not their governors, who determine if their "Form of Government is
working "to effect their Safety and Happiness, (id.) and to make whatever
alterations that the people see fit for the government to achieve those
- Now, those attorneys are some of the best in this country
because I know of them. However, let me give you my humble opinion about
some of the arguments presented:
- Rest of column at: http://www.devvy.com
- Visit Devvy's website at: http://www.devvy.com.