Senator Menendez Never Met a Constitution He Liked

If you have been following the recall movement against Senator Menendez, you will have heard the Senator claim that the recall movement against him is “unconstitutional.” However, the New Jersey Constitution expressly establishes that all elected officials, including United States Senators, are public servants of the People, and the People retain full political power. It clearly states:

“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.”

On November 2, 1993, 76.2% of the citizens of New Jersey voted to specifically add Recall to the New Jersey Constitution. This was a reaction to Governor Jim Florio’s campaign promise not to raise taxes and then brazenly raising taxes his first week in office. As a result, the following language was added to the NJ Constitution:

N.J. Const., Art. I, Sec. 2(a). 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.

Fortunately for the Committee to Recall Senator Robert Menendez (the Committee), the Appellate Court judges had more respect for the New Jersey Constitution than Senator Menendez. In their 3/0 ruling in favor of the Committee, they stated:

“[A]bsent clear precedent that compels such a declaration, we are loath to strike down a component of our State’s charter that fortifies the democratic role of our citizens. In short, our State Constitution, and the democratic process that produced it, deserves our utmost respect unless federal law clearly and definitively trumps it.”

Senator Menendez, however, would not let a small thing like the New Jersey Constitution (which he promised to uphold) threaten his political career. He sought refuge in the US Constitution, which likewise would not offer him any hope. In their Amicus Curiae, Peter Ferrara and James K. Pryor (filing on behalf of the American Civil Rights Union), stated:

Nothing about the collection of signatures on such a petition by the citizens and voters of New Jersey would violate the U.S. Constitution. Quite to the contrary, such collection of signatures is political activity protected by the U.S. Constitution. The process of asking for signatures on a petition to recall Senator Menendez, and signing such a petition, is a public expression by the citizens and voters of New Jersey of their views regarding the service of Senator Menendez. That public expression is core political speech fully protected by the First Amendment.

Further, John Armor, a constitutional attorney with over 33 years of experience wrote in an American Thinker article, dated April 1, 2010, entitled: Is a State-Based Recall of a U.S. Senator Constitutional?:

Recall was available for the voters of a colony to remove an official with whom they had become dissatisfied. It first appeared in New England in 1639.

In the same article, Mr. Armor further quoted the Declaration of Independence and the Tenth Amendment:

That to secure these [God-given] rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

The Tenth Amendment to the Constitution provides, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Since recall of elected officials was among the powers of the colonies and the states before the Tenth Amendment was adopted, and this power was not delegated to the United States by the Constitution, nor prohibited by it to the States, the power of recall is reserved by the Tenth Amendment to the states, and to the people.

In another letter, dated March 3, 2010, Mr. Armor wrote about the much acclaimed Supremacy Clause and discredits the argument that the Term Limits case does not allow for recall. In this article he explains his conclusion that recall in New Jersey should be allowed on constitutional grounds:

The US Constitution does have a Supremacy Clause, meaning the federal constitution outweighs any state constitution, but only where the two are in conflict. On the subject of recall, the US Constitution is silent. And that silence is deliberate.

…Since the US Constitution is silent on the subject of recall elections and the NJ Constitution is quite clear and specific, the NJ law should stand as decided by the people of New Jersey, as recently as 1995, until and unless the only authority with the authority to rule otherwise, the US Supreme Court, might so rule. The term limit case from the Supreme Court does not govern this case because this case has nothing to do with "qualifications to run." It is merely NJ's definition of the election process. There are nine states which have a right of recall which might apply to Senators. Two of those are explicit. New Jersey does no more than define its own elections within a flexibility given to it in 1789, and confirmed in 1913.

“…the United States Constitution has no express provision precluding the recall of United States Senators or Representatives.”

“…we can find no case or precedent which addressed the issue before us or precludes recall under the Seventeenth Amendment.”

In light of all of the above, one must ask which Constitution is Senator Menendez referring to when he claims the recall movement against him is unconstitutional? It’s probably the same one he has in mind when he votes for things like health care, cap and trade, or illegal immigration. Since we can’t see into a man’s heart, we can only guess about what his motives may be – even when the evidence points to self-glorification. After all, we are Americans and we have been known to be charitable to a fault, so let’s just say Senator Menendez is clueless.

Whatever objections Senator Menendez may now have to the recall process, in 1999, he was a big fan of recall when he mounted a fierce recall initiative against one of his own protégés, Union City Mayor Rudy Garcia. It seems that what’s good for the goose isn’t good for the gander – at least in the Senator’s eyes. The citizens of New Jersey, however, see things differently. They are tired of having candidates promise one thing on the campaign trail and deliver something else once elected. They are tired of the New Jersey and Federal Constitution being disregarded, and they are tired of big government spending their hard-earned money as if it grew on trees. If you are like the myriad of people in New Jersey that are tired of the “boss” mentality, then join the recall movement at: RecallNJ.com. There you will be able to donate to the cause, or sign up as a volunteer or for our database. If you do, you will be notified as soon as the petitions have been certified by the Secretary of State.

Many can identify the problems of an out-of-control government, but there is a solution, just as there is a solution for out of control and unresponsive personal employees – we can fire them. The road before us is not an easy one to travel, but it is worth the trip. We encourage you to join us in this historic journey and do whatever you can to help us make this recall movement a success.

The entirety of the Constitution for liberals is found in the preamble: “promote the general welfare.”

The rest is “blah blah blah” to them.

Thanks for the ping.

Menendez has a look of contempt in every video where he appears behind one democrap leader or the other who’s making a communist statement of some sort.

Menendez has real contempt for all NJ residents and Constitution. He’s almost a copy of Fidel Castro, the one that caused him to run away from Cuba. I called his office in the days of amnesty I and told them to tell him that he won’t be allowed to run away from a hellhole then bring everybody and his family right behind him. Of course, I got no utterance from the faggot who answered the phone.

For the whole country, we need a 6-week recall amendment for all politicians and election in two months. No governor appointments ever!

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.