Recently a tea party believer on one of these boards, unfamiliar with the US Constitution, complained that legislators who were unresponsive to polls in supporting the Health Care bill ought to be recalled. I guess this was seen as a way to remove pro-health reform people before they could cast any dreaded "yes" votes on the bill. Can't do it. This fellow in hyper-conservative National Review Online explains why, and I wish he were speaking at the Tea Party convention.
No Federal Recall [Matthew J. Franck]
A blogger at Big Government calling herself "Liberty Chick" reports on an effort afoot in New Jersey to place a recall of U.S. Sen. Robert Menendez before the people of the state. The New Jersey constitution has contained, since the mid-1990s, a provision that 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." But upon receipt of the legally required petition for a recall election, complete with the many signatures needed, New Jersey Secretary of State Nina Wells has declined to accept the petition or to act on it, stating her office's determination that no recall of a U.S. senator can legally be conducted, notwithstanding the provision in the state constitution
"Liberty Chick" is mighty upset about this, wanting to know how it can be that the New Jersey constitution is unconstitutional-if it is, how a mere executive branch official rather than a judge gets to say so-and why the electoral machinery of the state couldn't be employed in any event, even if the results have no legal force and only amount to a "no-confidence vote" in Menendez. Commenters at the BG site are for the most part pretty irate at what Wells has done.
But Wells has this perfectly right. The term of a U.S. senator is six years, unconditionally, and nothing a state says to the contrary (even in its constitution) can have any effect on this fact. (more)