Not satisfied with disrupting town hall meetings, spitting on Congresspeople, throwing bricks through Democratic political offices and speaking with thinly veiled threats, the New Jersey Tea Party is now trying to recall the democratically elected U.S. Senator, Bob Menendez. "The groups say they want Menendez out because he votes for too much government spending."
Last month, a New Jersey appellate court ruled that the New Jersey Tea Party could proceed with its recall petition. That court also stayed its ruling to give Senator Menendez an opportunity to appeal to higher authority. Yesterday, he did.
The Tea Party is trotting out the tired, old 10th Amendmentargument, that anything not specifically in the Constitution is reserved to the States or the People. There are other right wing loons, who look remarkably like the Tea Party, making the same argument. Basically they are claiming that
... the Constitution’s silence is a signal the state’s law and constitution [allowing recalls] are valid, according to the Committee to Recall Senator Menendez, which is backed by the New Jersey chapter of the conservative Tea Party movement.
In other words, because the U.S. Consitution does not specifically state that recalls are not allowed, that the States are free to regulate that area.
But is the Constitution silent?
The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.
Article I, section 3 seems to me to be pretty clear on the matter. It does not say that the Senator shall serve at the pleasure of the legislature (now voters). It says "for six years."
What is happening to Senator Menendez is a travesty and anti-democratic. Give him some moral support as he continues to battle an out-of-control tea party.