YES! It IS leagal to recall a Senator! Check out the amicus brief filed with NJ Superior Court
Written by recallnj.com Thursday, 13 May 2010 17:30
BRIEF ON BEHALF OF AMICUS CURIAE CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND, ET AL. IN SUPPORT OF PLAINITFF-RESPONDENT
This amicus curiae brief is submitted on behalf of a group of 12 organizations involved with public education on important issues. This case is of importance to the people of New Jersey as it relates to their ability to recall a u.s. Senator elected from their state who they believe to be making decisions which do not reflect their best interests. Furthermore, this case is of interest to the entire country because the decision herein could impact the power of the people in other states to recall their Senators. It is a case involving the correct interpretation of the U.S. Constitution, and presents an issue of vital importance to America.
SUMMARY OF ARGUMENT: The power to recall senators is reserved to the people by the Tenth and Seventeenth Amendments of the U.S. Constitution. New Jersey's recall law is not otherwise prohibited by Article I, Sections 3, 4, or 5, or by the Seventeenth Amendment of the U.S. Constitution. Nor is New Jersey's recall law foreclosed by the U.S. Supreme Court decision in U.S. Term Limits v. Thornton.
DOWNLOAD TO READ IT ALL: Menendez recall brief Herb titus
What is Amicus Curiae?
Amicus curiae or amicus curiæ (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it. The information may be a legal opinion in the form of a brief, a testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision whether to admit the information lies with the discretion of the court.
http://en.wikipedia.org/wiki/Amicus_curiae
The Committee to Recall Senator Robert Menendez Files State Supreme Court Brief
Written by James Bridge - recallnj.com Thursday, 22 April 2010 00:00
The Committee to Recall Senator Robert Menendez Files State Supreme Court Brief
APRIL22, 2010, BRANCHVILLE, NJ—The Committee to Recall Senator Robert Menendez is filing its response today to Senator Menendez's request to the New Jersey Supreme Court to hear his appeal protesting the Senator’s recent loss in the Appellate Court.
Andy Schlafly, lead counsel for the Committee to Recall Senator Robert Menendez, said he had high confidence in the merits of the case.
Read more: The Committee to Recall Senator Robert Menendez Files State Supreme Court Brief
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