NJ High Court Hears Menendez Recall Arguments

by KYW's David Madden

The New Jersey Supreme Court has taken under advisement the question of whether Tea Party members can distribute petitions seeking the recall of US senator Robert Menendez (right) after hearing arguments in Trenton on Tuesday.

One of the key issues is whether the federal or state constitution takes precedence.

Menendez attorney Mark Elias argued that the recall effort should stop right here:

"The committee has asked this court to ignore the Constitution's plain text, a century of US Supreme Court precedent, the overwhelming consensus of legal scholars and executive branch officials around the country, and the opinion of the attorney general of this state."

Recall committee lawyer Andrew Schlafly told justices the recall should be allowed to proceed under the state constitution since the federal constitution doesn't address recall:

"Our New Jersey constitution emphasizes that all political power is inherent in the people. This is not just one little issue tucked away here. Our constitution is based on this principle."

If allowed to proceed, the recall group would need to gather 1.3 million valid signatures to proceed with their action.

The Tea Party launched the recall effort because it objects to Menendez's votes with the majority on the federal economic stimulus bill and the bank bailout.