RSSYou Are Incorrect Sir!
J.J. Jackson | March 17, 2010
The AP is well known for its shotty reporting among other things. And once again we have a prime example of this in a story entitled, “New Jersey Court OKs Tea Party Group’s Petition to Oust Senator,” posted at FOXNews.com. United States Senator Robert Menendez of New Jersey has been a general embarrassment to the Republic but when people decided to take action against Mr. Menendez and start a recall petition, the State of New Jersey was having none of it.
Donna Kelly, an assistant New Jersey attorney general representing the state, argued that it would be misleading for voters to be asked to sign a recall petition then later told they’re not legally part of the process.
“The U.S. Constitution is clear that a senator’s term is six years and is not subject to recall,” Elias said in a statement. “We are pleased the court stayed this opinion until the appeals process is completed.”
The court granted the right to petition and told the State that if successful it must be accepted but stayed its own order pending a certain appeal in an attempt to play both sides of the fence in an act of judicial cowardice. The AP muddied the waters with this statement:
The court set aside the larger question of whether New Jersey voters have a constitutional right to recall a federal lawmaker. New Jersey is among 18 states that allow recalls of statewide elected officials, but there is no right to recall congressmen and senators under the U.S. Constitution.
If you have ever actually read the Constitution, this leap of stupidity should be sounding alarm bells.
Amendment XVII states:
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
It also goes on however to state that there may be vacancies and is silent on how those vacancies may occur:
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
Article 1, Section 4 of the Constitution gives the States an explicit right to decide how Senators are elected:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.
Again, it is silent on the concept of a “recall” for an existing Senator.
We do however know that Senators can indeed be removed from office by an act of federal impeachment:
Section. 4.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Of course, should a Senator be impeached then by the State of New Jersey’s own argument that a Senator’s term is six years would be rendered moot. And what if a sitting Senator wants to retire? Well, again by New Jersey’s own argument he or she would not be allowed to because they were elected to serve six years. Obviously there are exceptions to a Senator’s term being six years based on this. But there is no power for the State to remove their own Senator right? Well, not so fast. Actually, once again there is something that those trying to defend an unqualified Senator have ignored. That is the Tenth Amendment which states:
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.
I am looking in the Constitution to see if it says anywhere that the individual States delegate to the United States the power to force the States to keep an incompetent Senator in his seat for an entire six years. Cannot find it. Therefor since the power is not delegated the right to remove a Senator by recall is, in fact, reserved it would appear.
Damn that limited government thingy!
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