Absolute Lunacy From New Jersey: Appeals Court Rules That State Must Allow Recall Petition to Proceed

A New Jersey Appeals Court has ruled that state election officials must allow a recall petition of Senator Menedez to proceed.  This is a baseless ruling.  The best thing the court could say about the constitutional question is the following indecisive point:

To summarize, we neither declare the recall provision in our State Constitution as applied to a United States Senator definitively valid or invalid (emphasis added).

I have discussed this matter before (see here). The Supreme Court has repeatedly held that neither Congress nor states can alter the requirements and conditions for members of Congress. The Court has precluded Congress from refusing to sit duly elected members due to "unethical" conduct. The Court has also precluded states from establishing term limits for members of Congress.

The recall is a more invasive step than a term limit. Furthermore, the Framers considered but refused to adapt language that would have allowed for the recall of members of Congress. The only method the Constitution provides for "recall" is the expulsion process. That power, however, rests with Congress alone -- not the states.

The New Jersey court discusses this abundant precedent and concludes that it provides a strong argument against the constitutionality of the New Jersey recall provision. Nevertheless, the court morphs into a first-year law student and pretends that the absence of language in the Constitution or prior cases explicitly mentioning "recall" means that the question remains undecided and that it cannot invalidate a state constitutional ruling without definitive authority.

Most shockingly, the New Jersey court holds that the absence of precise language in the Constitution on this issue could mean that states retain the power to recall members of Congress. This is the exact argument that the Supreme Court rejected in the term limits ruling. The New Jersey court, however, cites to Justice Thomas' dissent in the term limits case to support this proposition. So, the New Jersey court actually behaved in a manner that is less sophisticated than first-year law students. They know better (at least my students) than to base an argument on a rejected point of law. Hopefully, the New Jersey Supreme Court will reverse this stupid ruling. Stupid is the best word I can use to describe it.

Tea Party Attempting Unconstitutional "Recall" of Democratic Senators

As much as Tea Party members whine that Congress is violating the Constitution, one would expect the group not to advocate clearly unconstitutional measures itself. Well, this logic has not influenced the Tea Party movement.

According to the Washington Times, the Tea Party movement is trying to "recall" several Democratic senators before their terms in office expire. The Washington Times reports that several states have "recall" measures that cover federal officeholders. There is a major problem with these laws: they violate the Constitution.

As the Supreme Court held in Powell v. McCormack, the Constitution establishes all of the requirements for members of the House and Senate. In Powell, the Court held that Congress could not alter those requirements. The House tried to block Adam Clayton Powell from taking his House seat on the grounds that he had engaged in financial impropriety. The Constitution, however, did not allow the House to block Powell, because he had met all of the requirements of office listed in the Constitution.

In US Term Limits v. Thornton, the Supreme Court extended Powell and held that states lacked the authority to alter the requirements of members of Congress as well. Thornton involved a challenge to an Arkansas law that established term limits for members of the House and Senate. The Court held that the law violated the Constitution. There is nothing unique about a "recall" statute that would make it permissible.

Nothing in the Constitution permits the recall of members of Congress -- although the Constitution does allow each house to "expel" a member. The only power that voters have over members of Congress comes through the normal electoral process. That process takes place every six years for members of the Senate and every two years for members of the House. The Tea Party crowd will have to wait until the targeted senators complete their terms. Yes -- the law applies to everyone.

More Toyota: Internal Document Trumpets Savings Made After Avoiding Earlier Safety Recall

An internal memorandum released to Congress by Toyota reveals that the automaker saved $100 million in after it persuaded federal regulators to end a 2007 investigation into sudden acceleration in Toyota vehicles. This year, however, Toyota has recalled over 8 million vehicles worldwide due to dangerous problems with sudden acceleration.

Another document released to Congress describes the Obama administration as "not industry friendly." Apparently, the upcoming hearings will deliver theatrics - if not substance.

Michael Moore to Connecticut Voters: Recall Lieberman or Face Boycott (LOL)

Michael Moore has issued an ultimatum for Connecticut voters: Recall Senator Joe Lieberman or face a boycott of the Nutmeg State. Interesting.

Moore is upset with Lieberman because he is, in part, responsible for the watered-down version of healthcare reform currently pending in the Senate. Moore blames Connecticut voters for empowering Lieberman, and he wants them to rectify the situation:

People of Connecticut: What have u done 2 this country? We hold u responsible. Start recall of Lieberman 2day or we'll boycott your state.

Two things strike me as problematic with Moore's position. FIRST, the Constitution does not provide for the "recall" of members of Congress. Accordingly, the substance of his demand is illegal. SECOND, boycotting Connecticut does not seem like an awesome economic threat. Aside from October leaf-touring season, Connecticut is not a major tourist destination. And in December, most of the trees in Connecticut are completely naked. Moore needs to go back to the drawing board!