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Umbro2914
11-18-2010, 03:35 PM
A tea-party group's effort to recall U.S. Sen. Robert Menendez of Hoboken was thwarted by the New Jersey Supreme Court today, when the court ruled that a recall is not allowed by the U.S. Constitution.

http://www.nj.com/hudson/index.ssf/2010/11/nj_supreme_court_rejects_tea_p.html

I Dont really think the recall is productive because its baseless, but this is a strike against state sovereignty.

RM918
11-18-2010, 03:41 PM
Oh, so NOW they care about the Framers' intent? Let's see them do the same about the welfare and commerce clauses. Or the 2nd amendment, especially in this state.

oyarde
11-18-2010, 05:30 PM
Oh, so NOW they care about the Framers' intent? Let's see them do the same about the welfare and commerce clauses. Or the 2nd amendment, especially in this state.

Oh my , I see you are in the no firearm zone .

HOLLYWOOD
11-18-2010, 05:37 PM
A tea-party group's effort to recall U.S. Sen. Robert Menendez of Hoboken was thwarted by the New Jersey Supreme Court today, when the court ruled that a recall is not allowed by the U.S. Constitution. Neither is Social Security, Medicaid/care, Federal Income Tax, Federal Reserve private central bankers... yotta yotta. So what your point NJ Supreme Court?

An effort, by a group with reported ties to the Tea Party movement, to recall (http://en.wikipedia.org/wiki/Recall_election) Senator Menendez was launched in early 2010.Although Article 1, Paragraph 2(b) of the New Jersey Constitution (http://en.wikipedia.org/wiki/New_Jersey_Constitution) expressly authorizes such a recall,state officials are fighting the effort in court. On March 16, 2010, a State Appeals court ruled that the recall petition could go forward. Menendez says he’s surprised that a group claiming to be true to the Constitution is trying now, in his words, ”to undermine it.” Menendez is appealing the ruling.[29] (http://en.wikipedia.org/wiki/Bob_Menendez#cite_note-28) Legal experts have debated the constitutionality (http://en.wikipedia.org/wiki/United_States_Constitution) of a state recall of a federal officeholder.

http://www.njleg.state.nj.us/lawsconstitution/constitution.asp


Section1 NEW JERSEY STATE CONSTITUTION 1947 (UPDATED THROUGH AMENDMENTS ADOPTED IN NOVEMBER, 2008)

A Constitution agreed upon by the delegates of the people of New Jersey, in Convention, begun at Rutgers University, the State University of New Jersey, in New Brunswick, on the twelfth day of June, and continued to the tenth day of September, in the year of our Lord one thousand nine hundred and forty-seven.

We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.


ARTICLE I
RIGHTS AND PRIVILEGES

2. a. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

b. The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled.

If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question.

jmdrake
11-18-2010, 06:04 PM
Simple solution (assuming the NJ tea party is powerful enough). Pass an amendment by ballot measure to make the NJ supreme court an elected position and then recall them. Meantime this senator will be up for reelection in 2012 anyway.