State Supreme Court Rules Against Menendez Recall Effort

[struggle4progress]

Source: NJ Today

TRENTON – The New Jersey Supreme Court ruled that a state law that allows voters to recall members of Congress is unconstitutional.

The court’s 4-2 vote would appear to end the efforts of a Tea Party-affiliated group to recall U.S. Sen. Bob Menendez, though a spokesperson said that the committee planned to take the matter to the U.S. Supreme Court.

Last fall, New Jersey’s Secretary of State rejected the filing of the group’s recall notice because the federal Constitution does not allow for the recall of U.S. Senators ...

Read more: http://njtoday.net/2010/11/18/state-supreme-court-rules-against-menendez-recall-effort/

[movonne]

1. And when was this set up....no recall of u.s. senators...the fix has

been put in place step by step...just like the supreme court gets to keep it for life...something very wrong here...and what about ensign how come he is still in office...if you are a crooked repug who cares but the dems resign immediately..and then there are the corps..they can own everything that matters to keep this country running their way which is to own the country..

[struggle4progress]

3. The clear intent, of the Constitutional six-year term for Senators, is

that they should be somewhat insulated from popular outcries

The Constitution provides a single mechanism for their removal, namely, that the Senate may "with the concurrence of two-thirds, expel a Member."

[Ozymanithrax]

2. If the SCOTUS agrees to take this, it will be itnresting to see how they vote.

I assume they are pushing this under the tenth Amendment.

[struggle4progress]

4. If SCOTUS has any integrity at all they will refuse to touch the matter:

The Constitution Art I Sec 5 Par 2 preempts

[herbm]

5. The law makes sense. If its ethics or crime, he can be replaced. If its 'I don't like him' vote him

out. What happened in California to then Gov Grayson(?) was a shameful, shameful event. Term limits are easy: vote them out. You don't like him, vote him out. Kicking a guy out should be about substance not procedure.

[Ozymanithrax]

9. I think you mean Gray Davis...

I voted for Davis, and never once voted for the Gropenfurer. But it is legal in our state Constitution to recall people, even if it seems a stupid thing to do at times. Issa and Corporate money funded Davis' removal. The U.S. Constitution sets the limits and requirements for U.S. Senators and U.S. House members. I don't think a tenth amendment argument will stand against specific granted powers in the U.S. Constitution. But it is the only one I can think they could even argue.

[herbm]

11. That right. I 'm a Republican and I thought that it used the courts to overcome a fair election.

[Ozymanithrax]

19. No, it was just Republicans tring to take power by any means.

I still remember Issa crying like a girlie man when he lost And look what we got.

[herbm]

20. It wasn't all Republicans. He got hit by Enron's rape of CA energy users.

A lot of the people who went along with it were Dems, people on fixed incomes, as well as greedy bastards ("Conservatives"). The GOP has always been a minority party. It could never ever win without Democrats voting for GOP candidates. Especialy candidates that progressive Republicans can't even hold thier noses to vote for, like John Boehner.

Now it is way past time for progressives to pull together. A Dem - Bachus - is propossing to continue the richest's tax break by legislation today, accourding to KO. Gray Davis did not lose his office because of Republicans. He lost because conservatives took advantage of deregulation in the "Enron Exception", took advantage of victims of this deregulation at a time of falling real estate values and unemployment and melded it into a concerted recall effort that took several tries to pull off.

If we can't join because of party, we need to join over agenda. This Congress and the President still have some stroke and they had better use it very quickly.

[Ozymanithrax]

21. No, it was the California Republican Party led by Issa..

who was crushed and cried like a baby when he didn't win. But the hit was by Republicans, and for Republicans, and benefited Republicans and big Corporations.

Of course, Republicans have been suffering from buyer's remorse with Arnie for years.

It was more the fake pay for play scandal hyped 24 hours a day by the Conservative media that helped, and all funded by big corporations who wanted to put a reliable Republican in charge.

[herbm]

22. And you think Issa-ites out number all the other voters in CA? Do you think Issa likes Arnie?

People who voted for Davis origionaly voted against him in the recall and for Arnie, and there were a lot of Dems in that mix.

[Ozymanithrax]

23. No, Issa hoped for he power himself, and cried when he lost.

I don't doubt there were Dems in the mix. Even relatively intelligent people can make monumentally dumb mistakes.

But whether or not Dems voted, it was a Republican plan put into affect and rooted for by Republican media, and paid for by Conservative Republican led Energy Corporations using Republican stooges.

At this point, I only have slightly more patience with Democrats, though California did the right thing by refusing to go with the wave that brought the Republicans who destroyed the economy back in power.

At this time, I am leaning strongly to changing to an independent and eschewing the Democratic Party all together, though I wouldn't vote for a Republican, ever.

[herbm]

24. As did Angle, OConnell, Fiorino, Whitman, Joe Miller. The people don't stay stupid forever, as a GOP

guy once said, You can fool some of the people all of the time..........

[happygoluckytoyou]

6. RECALL CONGRESSMAN? the teabaggers can't even RECALL what they were formed to accomplish

[Fearless]

7. Or where Russia is ftm.

[herbm]

12. Its on half-Gov Pallin's mind. Its a very, very, teensy tiny place.

[Fearless]

13. Don't worry, it being on her mind is the safest possible place for it...

It's not like anything ever happens up there anyways... :evilgrin:

[herbm]

14. But what if loneliness and lack of stimulation makes it depressed?

[Fearless]

15. We'll take it up in a helicopter to shoot pheasant or something.

[herbm]

16. You mean peasants, the truely other white meat?

[Fearless]

17. Touche`

[sinkingfeeling]

8. The SCOTUS isn't going to touch this, nor any federal court. The US Constitution doesn' t permit

the recall of Senators or Congresspeople.

[bongbong]

10. Too many lawsuits

Somebody should talk to these idiots and their frivolous lawsuits. I heard repigs are against those. Maybe some of the 'pigs could give the teabaggers a talking-to. :evilgrin:

[LawnKorn]

18. This is just too rich

Here we have the Tea Party, the very folks who claim expert knowledge in the Constitution, showing their true intentions.

For some unknown reason they think that we live in a pure Democracy. They have this notion that if 50% (plus one) vote on something, it will happen by law.

Well excuse me, we live in a Representative Republic. The founding Fathers set up our Government with the concept that the minority would be protected from the majority. Mob rule was not chosen as the foundation of our Government; there are these pesky little things called "Checks and Balances".

The voters select their representatives, who are to serve their terms without fear of recall election threatening every vote they cast.

Tea Party = morons

No matter how much education they are given, they just never learn.

[UTUSN]

25. Too late for REC, but here's a KICK anyway!1 n/t