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I was taking a look at Gov. Chris Christie's budget today and then I saw this. Will New Jersey follow in California's footsteps and start governing by mood ring?

A state appeals court today ruled New Jersey’s secretary of state must accept a petition a citizens group filed to recall U.S. Sen. Robert Menendez, but left open the question of whether the removal effort itself is constitutional.

The three-judge panel stayed its ruling to give Menendez (D-N.J.) the opportunity to appeal to the state Supreme Court.. The senator has 45 days to file an appeal but did not say today whether he would. He called the recall effort a "political stunt" that won’t distract him from doing his job.

"This an organization trying to undemocratically and unconstitutionally overturn an election in which more than 2 million New Jerseyans voted," said Menendez, whose term expires in 2012. "My focus continues to be on job creation legislation and delivering a successful extension of my local property tax relief bill."

The court found existing New Jersey law and the state’s constitution both allow U.S. senators to be recalled. For that reason, the appeals court said, the removal effort can proceed. But noting the absence of case law and precedent, it left the ultimate question of the constitutionality of the state’s recall law and amendment to a higher court.

"There are a host of genuine arguments and counterarguments that can be articulated and debated about whether or not the Federal Constitution would permit a United States Senator to be recalled by the voters under state law," the appellate judges said.

"I’m pleased," said Dan Silberstein, attorney for the Committee to Recall Senator Menendez, which is backed by the New Jersey chapter of the conservative Tea Party movement. "I think the appellate court made the right decision on where the case is procedurally."

Menendez’s attorney disagreed.

"The U.S. Constitution is clear that a senator’s term is six years and is not subject to recall," said Marc E. Elias. "The state attorney general correctly argued before the court that a recall is unconstitutional and a clear disservice to voters who take part in a petition process that is invalid. We are pleased the court stayed this opinion until the appeals process is completed."

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35 Comments
miss_kitty's picture

Constitutionality? Oh I see. Unless it gets in THEIR way.

the reason?

NJ Tea Parties United and the Sussex County Tea Party say they want Menendez removed because he votes for too much government spending.

For showing up and doing the job he was elected to do.

IOKIYA(R)TB

fastfeat's picture

Nah, just a new flavor of NO.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

Rich H's picture

last name.

fiver's picture

But there is still something very attractive about politicians being subject to recall.

The U.S. has no real equivalent to a vote of "no confidence," and it could probably use one.


Corruption favors the wealthy.

Jim P.'s picture

they do not understand? WATB.

Nix's picture

Terrorized
Empty
American
Bigots
Always
Go
Gaga
Every-time
Republicans
Speak

Rich H's picture

Turnipseed
Earwigs
Ate
Blue
Arugula
Got
Gastrointestinal
Ever
Resounding
Shi*s

Well, at least I get a C for effort.

covered's picture

Trembling
Evangelical
Asinine
Barf-inducing
Assholes
Gimme
Gimme
Everything
Republicans can steal
Science not included

politicky's picture
?

Governing by mood ring? wtf?

Scipio's picture

and any other lame Senator out there. Why is the author talking about this like it's a bad thing? Progressives should use this ruling to our advantage, not complain about it. Most Americans know the Senate is broken and this is the quick fix we've been looking for. And it's within the spirit of America to make sure the people are able to hold their elected leaders accountable.

Unless there is clear evidence of wrongdoing -- like a criminal conviction. Otherwise, overturning an election goes against the democratic process. I don't think there is any way any court is going to overturn the will of the people of New Jersey. But go for it, Teabaggers. Knock yourselves out. Better to expend your energy trying to get signatures than harassing the state workers in Hawaii for information on Obama's birth certificate.

pd's picture

They need over a million people to sign on... good luck with that... But as a person who recently moved to Princeton, I will gladly recall Christie. The guy is hell bent on ruining transit, schools and dumping the tax burden on Townships. Just so he can say he didn't raise taxes. He's pissed off the so called indie Jersey voter who voted for this moron.

RECALL CHRISTIE

truth2power's picture

As a NJ resident, I'll help you.

FilthyHarry's picture

Generally speaking I support any politician being removed from office if a majority of their constituents aren't happy with them. Would like to see it more often. However since its clear the process is in effect being used to re-run elections for groups that aren't happy with the results of the previous election I can't support it.

Peabody's picture

is to VOTE them out of office. Absent election fraud or criminal activity, THE WILL OF THE MAJORITY should prevail until next election! This is not stickball; you don't get "do overs". Elections have consequences. Don't like who won? Register voters, organize and raise money. Until then, POUND SAND!

Scipio's picture

6 years is far too long to be stuck with a crappy Senator. The Senate is broken, this would make a great fix. This would make Senators far more accountable to the people they represent. No one here would complain if there was a recall drive against Joe Lieberman, or Mitch McConnel. We'd all support it and cheer, I know I would. I can't imagine any progressive saying "well I don't like Lieberman, but this is just the wrong way to deal with it."

FilthyHarry's picture

Something to differentiate between people generally trying to get rid of an awful, if not illegal politician and people who're trying to use the process as an end run around the results of the last election.

Like you need 2 thirds of registered voters to vote for the recall. Or a majority of the voters who vote to recall have to be willing to show they voted FOR the politician in the last election. (before nitpicking these solutions, bear in mind they are just examples of mechanisms.)

Lieberman killing the public option and watering down reform wouldn't count as a reason to be recalled? Whether you know it or not, that's the point you're making.

It's the responsibility of the elected representative to stand by his record.

And I say again, if Lieberman was being recalled in the same manner, I doubt any progressive would say "While I don't care for Lieberman, this is the wrong way to go about this" You know as well as I do that no progressive would say anything close to that!!!

PS: I'm a progressive, just an unorthodox one.

truth2power's picture

Is not "crappy," but Lieberman and McConnel are!

Sorry Harry, but our system doesn't (and shouldn't) work that way. "I don't like the guy (or gal)" is not a compelling reason to undermine the Democratic process, flawed as it is.


If you have selfish, ignorant citizens, you're gonna get selfish, ignorant leaders.

George Carlin

FilthyHarry's picture

I wrote that I didn't support it.

Roket's picture

And very sore ones at that. Perhaps they should consider taking up crocheting.

JudyLou's picture

.

MaudeLebowski's picture

I am still so pissed off at my fellow NJ residents for voting that Rush Limbaugh-lookalike in. Now he's fucking with the public schools and the teacher's union is rightfully pissed off.

chrislib's picture
[Comment Deleted By Administration For Violation Of Terms Of Service]
sharksbreath's picture

The middle class was fooled by Christie. He campaigned on increasing the rebates from real estate taxes. Instead of increasing them he eliminated them.

On top of that anyone who makes over 400,000 a year were supposed to see a tax increase.

Being the Republican he is he vetoed the tax increase and put all the hurt on the middle class who voted for him.

I live in NJ. My question is why after the last decade why would anyone from the middle class vote Republican.

Are their really that many stupid people in this country.

It must be because I just don't understand how the GOP even exist.

I'm not a New Jersey resident, but do you think the reason the voters picked a RepubliCON governor is because they hated Corzine? Wouldn't be the first time the Democrats lost an election because they ran a lame-ass candidate (Isn't that right Senator Brown?).


If you have selfish, ignorant citizens, you're gonna get selfish, ignorant leaders.

George Carlin

But Corzine wasn't all lame - he mandated health care for kids, abolished the death penalty, supported gay marriage and legalizing marijuana.

truth2power's picture

The school systems are failing, and people are getting dumber, NJ included. As a life-long NJ resident, the schools are not like they were when I was younger. They are getting worse and worse, and people are getting dumber and dumber. We are heading for a downfall.

roxsteady's picture

I live in New Jersey and like Senator Menendez. Someone mentioned his last name might be the problem and I agree. These people are full of shit. They don't like him because he votes like a Democrat for the most part. By the way, I'm also glad that I didn't vote for Govenor Fatty Arbuckle. His a disgusting pig and a real disgrace. Glad I'm not a home owner becaue he just took back your property tax rebate for this year. Hope you homeowners who voted for tubby weren't counting on that?

truth2power's picture

He's MORBIDLY OBESE and a horrible liar!

rovinggrover's picture
[Comment Deleted By Administration For Violation Of Terms Of Service]
josephebacon's picture

I remember back in the 70s when a group of nuts in Idaho tried to recall Senator Frank Church. If I remember correctly, the Federal courts threw their asinine lawsuit out!

DevilDog21's picture

...nice to know how many people are represented on the recall. Is it a ridiculously small number that should be disregarded?

Refugee101's picture

I said it before and I say it again,,,TEABAGGERS ARE TRAITORS period. and they should be called traitors, always.


I ain't scared of terrorists,,, I'm from Detroit

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