Citizens in Charge

That question will be decided by New Jersey’s highest court - which heard oral arguments in the case Tuesday - and many think the issue will eventually go to the United States Supreme Court.

While attorneys for U.S. Sen. Robert Menendez argue that the federal constitution governs members of Congress, the group aiming to recall the senator points out that the U.S. Constitution is silent on the issue of recall. According to the Tenth Amendment, any powers not granted to the national government nor prohibited to the states by the Constitution of the United States are reserved to the states or the people. That, recall supporters say, points the law to the New Jersey constitution, which was amended in 1993 to allow for the recall of elected officials. The recall law, which was approved by voters, included U.S. Senators.

Supporters of the recall effort would need to collect 1.3 million valid signatures in 320 days to trigger an election on top of the court battle. But activists say they “want to have the right to petition to redress our grievances.” Not really that much to ask for in a free country.

An amicus, or “friend of the court” brief on behalf of allowing the recall was submitted by 10 organizations. Apparently the senator’s legal team tried to block the brief from being accepted.

Then-Secretary of State Nina Mitchell Wells rejected supporters’ recall notice last fall, beginning the legal battle. Those seeking to recall the senator are unhappy with his voting record on several issues, particularly the recently passed healthcare bill.