Sponsored Content




Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!



Recent Entries
Absent Friends
GnuBreed 2024
Captain Hate 2023
moon_over_vermont 2023
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info:
maildrop62 at proton dot me
Cutting The Cord And Email Security
Moron Meet-Ups





















The Slaughter Solution Will Probably Pass Constitutional Muster | Main | US Military Not Allowed To Fly Flag Over Compound In Haiti
March 16, 2010

Tea Party Seeks Recall of Senator Menendez (D-NJ)

The good news is that the court is permitting Tea Partiers to collect petitions to recall Menendez. The bad news is that they are staying the actual recall, should it happen, until they rule on the constitutional question as to whether you can recall a federal official -- and I'm pretty sure you can't.

It's a New Jersey appeals court which has ruled on this.

New Jersey is among the states that allow recalls of statewide elected officials. There is no right to recall congressmen and senators under the U.S. Constitution. Besides U.S. senators, the only statewide elected officials in New Jersey are the governor and lieutenant governor.

The court says it would take up the question if the petition drive succeeds.

Here is the problem, as I understand it. A while ago there was a push to get Congressmen and Senators term-limited -- by operation of law.

These efforts were ruled invalid. The theory is that the Constitution itself specifies the two or three qualifications for office, and "has not served more than x terms" is not among them. So judges reasoned that by specifying these qualifications, and no further qualifications, the Constitution intended these would be the only qualifications, and laws which claimed some new qualification -- such as "has not served more than x terms" -- were contrary to the Constitution.

Now any recall attempt has the precise same problem. If the Constitution says that a Senator must be 30 years old, and that's it as far as qualifications, judges will almost surely follow their old rulings and deem that a recall effort has no effect. Because the Constitution doesn't say a Senator must be "30 years old, and shall not have been recalled by his constituents."

Update: I see in that link the Court has blessed congressionally-passed additional burdens on office-holders. That is, they'll allow the federal government to pass additional burdens. But not state governments.

State officials are a different matter. Many state constitutions provide for recall, or else laws have been passed providing for recall, and the courts have generally allowed these.

In case you were wondering why you send me tips about recall efforts for this guy or that guy, but I don't post them, this is why. According to the precedent I know of, you can't do this. You'd have to first amend the Constitution to permit recalls (and/or term limits, and/or whatever other additional qualifications for office you'd like to specify).

Understand I'm not telling you the way I'd like this stuff to come out, necessarily. I hate Robert Menendez. But previous rulings have rejected term limits as unconstitutional, and the same logic should apply to recalls.

Nuance: Maybe this isn't automatically unconstitutional, as I thought. Stevens' majority opinion stated:

Finally, state-imposed restrictions, unlike the congressionally imposed restrictions at issue in Powell, violate a third idea central to this basic principle: that the right to choose representatives belongs not to the States, but to the people. ... Following the adoption of the 17th Amendment in 1913, this ideal was extended to elections for the Senate. The Congress of the United States, therefore, is not a confederation of nations in which separate sovereigns are represented by appointed delegates, but is instead a body composed of representatives of the people.

Well! If that's the objection -- that the right to elect (and not elect) federal officials lies with the people, not the state itself -- well, a recall petition certainly is by the people, eh?

Thanks to DrewM. for the link to the US Term Limits, Inc. case, and thanks to Mike for the main tip.



digg this
posted by Ace at 01:28 PM

| Access Comments




Recent Comments
Anonosaurus Wrecks, Is this the real life? Is this just fantasy? [/s] [/b] [/i]: "Google Gemini: Definitely artificial, questionabl ..."

p0indexterous: "Thank you for another wonderful book thread, perfe ..."

Anonosaurus Wrecks, Is this the real life? Is this just fantasy? [/s] [/b] [/i]: "Attorneys for Fulton County DA's Office Deny Willi ..."

BurtTC: "Ya know, technically those flights don't need to a ..."

CppThis: "[i]263 Not sure if @Google is aware but it’s ..."

Polliwog the 'Ette: "Added Eastshade to my Steam wishlist. It art is be ..."

Diogenes: " I ordered The Attack by Kurt Schlicter this week. ..."

Alberta Oil Peon: "Streamline Moderne: http://tinyurl.com/yc838jcw ..."

Anonosaurus Wrecks, Is this the real life? Is this just fantasy? [/s] [/b] [/i]: "Speaking of the news . . . NBC story claims int ..."

Sharon(willow's apprentice): "Found a synopsis of some of the Reachre books and ..."

Quarter Twenty : "The original "I hate spunk." https://youtu.be/Q ..."

Ciampino - Reacher never ages?: "237 Sharon, the alternate to Blue Moon could be ' ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64