Thursday, November 18, 2010

First Read - N.J. court rules citizens cannot recall U.S. senators

Chalk one up for the Constitution of the United States of America, and a loss for the Tea Party in New Jersey.

In a 4-2 decision today the New Jersey Supreme Court struck down a provision added to the New Jersey Constitution  in 1993 that gave New Jersey citizens the power to recall US Senators. New Jersey Tea Party members had been trying to recall New Jersey Democrat Bob Menendez. The following passage is from MSNBC.

The only way to end a Senate term early, the court said, is clearly spelled out in the U.S. Constitution, which empowers each house of Congress to "determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member." As far back as 1906, the New Jersey Court said, the U.S. Supreme Court noted that a senator's seat "could only become vacant by his death, or by expiration of his term of office, or by some direct action on the part of the Senate in the exercise of its constitutional powers."

I find it continually amazing, fascinating, and sometimes amusing that Tea Partiers, who claim to be so concerned about about preserving and "restoring" the US Constitution, seem to have such selective memory about it's provisions.

Below, the link to full story as reported by MSNBC's Pete Williams.

First Read - N.J. court rules citizens cannot recall U.S. senators


Sue said...

OH Thank God, Thanks Hugh, I hadn't heard this great news! F the teabaggers and their total classless attempt to misinterpret the Constitution!

Hugh Jee From Jersey said...

Sue- Yeah, it was the Sussex County Tea Party that initiated the court action. Menendez's big offense, in their eyes, was voting nearly 100% with Dem's party line.

As we saw yesterday with Charlie Rangel in the House, the two houses of Congress have the authority to remove or discipline a member for wrongdoing. The Tea Party in NJ forgot that we are a Republic, a representative democracy. If congressmen and senators were subject to recall simply because we didn't like the way they voted, our sometimes broken federal government would be totally un-fixable.

If the voters want to have recall on the state and local level, it's up to them.....but be careful of the chaos that will probably follow.

Better to do what the Founding Fathers 'em out, or in the case of abuse of power, let the body of government they belong to expel or punish them.

Tim Leatherbarrow said...

I stumbled across your blog looking for images of Pete Townshend....You said you couldnt get the Slit Skirts song out of your head, i can sympathise ,i cant get it out of my head either ,great song from the great man.

TomCat said...

Good news indeed, Hugh. Other than removal by the Senate for a violation of ethics, the Constitution does make only one provision for removing a Senator. The election that occurs every six tears.

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