Sanity Injection

Injecting a dose of sanity into your day’s news and current events.

Posts Tagged ‘Frank Lautenberg’

New Jersey Democrats: The law is whatever we want

Posted by sanityinjection on April 6, 2010

One might be pardoned for thinking that in the current anti-incumbent climate, with voters uneasy about the health care reform law, elected officials and political parties would be at pains to avoid anything that seemed like arrogance or disregard for the will of the people.

Unless, of course, you live in New Jersey, where the Democratic Party has made it clear on multiple occasions that the laws and Constitution are only important to the extent that they benefit New Jersey Democrats. The most recent example relates to an effort begun by New Jersey voters to hold an election to recall Democrat Senator Robert Menendez. Like a number of states, New Jersey law allows for a process by which an elected official can be recalled before their term expires (as happened with former California Governor Gray Davis.) The process is fairly involved and requires a large number of signatures and steps to make sure that it is not something that can be easily done.

Naturally, Menendez isn’t too happy about this development. But instead of vigorously making the case to the people of New Jersey why the recall effort should be opposed, Menendez wants to make sure they never get to have an opinion at all. He is asking the New Jersey Supreme Court to rule the recall effort unconstitutional  because there is no language in the US Constitution that specifically authorizes the recall of US Senators.

This should be a slam dunk from a constitutional perspective. The Constitution reserves all powers not expressly given to the federal government to the several states, and New Jersey’s recall law has never been challenged under that state’s own constitution. So Menendez should be wasting his time, right?

Wrong. Because this is New Jersey, where the state Supreme Court sees the law as something to be casually hacked to pieces whenever it suits the Democratic party. It was just eight years ago that this same New Jersey Supreme Court unanimously upheld the Democrats’ illegal last-minute substitution of Frank Lautenberg for incumbent Bob Torricelli as their Senate candidate – after Torricelli had been chosen by the voters in the Democratic primary – simply because the party wanted to dump Torricelli after he was the target of federal corruption charges. The Court held that the law had never envisioned a situation like Torricelli’s (really? a crooked politician is an unheard of concept?) and that keeping Torricelli on the ballot would constitute an unfair advantage for the Republicans (who held a gun to NJ Democrats’ heads and forced them to nominate a crook?) Lautenberg’s name went on the ballot, he won and remains the other Senator from New Jersey to this day.

So given that shameful history, why shouldn’t Menendez think the corrupt New Jersey Supreme Court might well rule in his favor? After all, he and the Democrats have a second argument: Because Menendez is Hispanic, the recall effort *must* be racially motivated and therefore shouldn’t be allowed no matter what the Constitution says.

Next time they screw up my order at the local Burger King, which is staffed almost exclusively by racial minorities, I am going to claim that the deficiency was racially motivated. How far do you think I’ll get with that one?

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