Issue: Right of Recall
Our Constitution contains several provisions to protect our right to a representative government, by and of the people:
- Article V provides a mechanism for amendment;
- The First Amendment states that Congress shall make no law respecting the right of the people to petition the Government for a redress of grievances;
- The 10th Amendment states that powers not delegated to the federal government or prohibited by it to the states are reserved to the states or to the people; and
- The 17th Amendment holds that the electors (voters) in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
Eleven states — Arizona, Colorado, Louisiana, Michigan, Montana, Nevada, New Jersey, North Dakota, Oregon, Washington and Wisconsin — have constitutional or statutory provisions for recall of all, every, or any elected officials. Together, these states have 14 incumbent U.S. Senators not standing for re-election in 2010. Successful recall petition drives could put any or all of them either on the November ballot or in a special election.
ACRU Court Activity
ACRU Files Brief Urging N.J. Supreme Court to Allow Menendez Recall Petitions
On May 10, 2010, the American Civil Rights Union filed a brief with the New Jersey Supreme Court urging the justices to affirm a state appellate court ruling ordering the Secretary of State to recognize a recall notice for U.S....
ACRU Urges NJ Supreme Court to Deny Sen. Menedez Petition to Hear Recall Appeal
Senator Robert Menendez (D-NJ) petitioned the New Jersey Supreme Court to hear his appeal from the ruling of a state appellate court that a citizens committee seeking a recall election to remove him from office could proceed to circulate petitions...
COMMITTEE TO RECALL ROBERT MENENDEZ v. NINA WELLS, SECRETARY OF STATE, ET AL.
February 9, the American Civil Rights Union filed an amicus brief in support of a grassroots citizens effort to petition for recall of Sen. Robert Menendez (D-NJ). The Sussex County Tea Party and NJ Tea Parties United, which filed the...
News & Commentary
08/ 4/10: Video: A Tea Party Fight Liberals Could Get Behind?
New video on NationalJournal.com: "A Tea Party Fight Liberals Could Get Behind? Liberal Groups Could Benefit If Conservative Activists Win The Ability To Recall Members Of Congress." This video is part of National Journal's effort to document the recall efforts....
07/21/10: Complaint Filed in North Dakota Supreme Court to Allow Recall of U.S. Senator Kent Conrad
On July 14, North Dakota joined New Jersey in an effort to recall a U.S. Senator. RecallND filed a complaint with the North Dakota Supreme Court claiming that the state's Secretary of State has unconstitutionally blocked a petition to recall...
05/11/10: ACRU Files Brief Urging N.J. Supreme Court to Allow Menendez Recall Petitions
On May 10, 2010, the American Civil Rights Union filed a brief with the New Jersey Supreme Court urging the justices to affirm a state appellate court ruling ordering the Secretary of State to recognize a recall notice for U.S....
04/ 6/10: Stage Set for Recall Battle in North Dakota
ACRU Responds to North Dakota Secretary of State's Denial of Citizens' Effort to Recall Senator Kent Conrad (D-ND) Bismarck, ND—North Dakota is one of ten states with broad language in its constitution to recall elected officials (www.recallcongressnow.org). Yet, in a...
04/ 1/10: John Armor: Is a State-Based Recall of a U.S. Senator Constitutional?
ACRU legal counsel John Armor wrote this column appearing on the AmericanThinker.com website on April 1, 2010. Whether citizens of a state have the right to recall from office a sitting U.S. senator is no longer an academic question. The...
03/28/10: Mark Levin on RecallCongressNow.org
Here's what Mark Levin had to say about RecallCongressNow.org and ACRU CEO/Chairman Susan Carleson. "Well, ladies and gentlemen, it has been brought to my attention—you're going to like this—that there is a national effort, and a serious effort, by serious...
03/23/10: Robert Knight: As the Elites Celebrate, the Resistance to Obamacare Begins
ACRU Senior Fellow Robert Knight wrote a column appearing on Townhall.com on March 22, 2010. There were undoubtedly lots of hangovers in Washington, D.C. on Monday morning, remnants of the packed saloons the night before. Washington's socialists (read: Democrats), giddy...
03/18/10: Robert Knight: National Suicide by Self Execution
ACRU Senior Fellow Robert Knight wrote a column appearing on Townhall.com on March 17, 2010. Assisted suicide is still illegal in most of the United States. But Nancy Pelosi, Harry Reid and Barack Obama are doing their impression of the...
03/17/10: John Armor: Toyotas Aren't the Only Things Getting Recalled This Year
ACRU legal counsel John Armor wrote this column on March 17, 2010. On Tuesday, the New Jersey Court of Appeals cleared the way for the recall of Sen. Robert Menendez (D-NJ) to proceed. New Jersey is one of nine states...
03/17/10: Peter Ferrara: Let the Recalls Begin
ACRU General Counsel Peter Ferrara wrote a column appearing on FOXNews.com on March 17, 2010. A New Jersey state appellate court yesterday gave the green light for approval of the circulation of petitions in that state asking for a recall...
03/ 3/10: Peter Ferrara: Stopping the Runaway Congress
ACRU General Counsel Peter Ferrara wrote a column appearing on BigGovernment.com on March 3, 2010. The recall of New Jersey Senator Robert Menendez took a step forward yesterday with a promising oral argument in New Jersey state court. The New...
03/ 2/10: ACLU Fights for Votes for Felons
In Mississippi the Constitution forbids felons from voting for President. The ACLU brought a challenge to that law, but the Fifth Circuit ruled that the Mississippi law was legitimate under the US Constitution. This case should be contrasted with a...
02/ 8/10: Let People Decide, ACRU Says in New Jersey Recall Brief
Today (Feb. 9) the American Civil Rights Union filed an amicus brief in support of a grassroots citizens effort to petition for recall of Sen. Robert Menendez (D-N.J.). The Sussex County Tea Party and NJ Tea Parties United, which filed...
02/ 3/10: John Armor: The Right to Recall the Rascals (U.S. Senators)
Do the citizens of the states have a constitutional right to recall their Members of Congress before the end of their set terms, if they become satisfied that their Members are seriously harming the interests of the people who elected them?
01/25/10: Peter Ferrara: We Really CAN Throw the Bums Out!
There is a way to fight back against a runaway Congress. Here's how it works. Over the past year, Congress has seemed to be out of control. From health care to global warming to stimulus spending, corporate bailouts, deficits, federal debt and beyond, Congressional leaders have been dismissive of alternative views, insisting that they know best. They have responded to critics with name-calling, calling them everything from "yahoos," to "Nazis," and "tea baggers."
01/ 4/10: Peter Ferrara: Washington Knows Best
This column originally appeared on The American Spectator website on December 30, 2009. The health policy atrocity that Washington Democrats are now finalizing represents an ugly new turn in American politics. From almost the founding of the Republic, we have...
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