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'''Robert "Bob" Menendez''' (born January 1, 1954) is the junior [[United States]] [[Senator]] from [[New Jersey]] and a member of the [[Democratic Party]]. After being appointed to fill the vacant Senate seat left by [[Governor]] [[Jon Corzine]], Menendez was elected to a term in his own right with 53% of the vote in 2006. He has voted with his Democrat colleagues 97.2% of the time. <ref>[http://projects.washingtonpost.com/congress/members/m000639/ Source: ''The Washington Post'']</ref> Menendez was chairman of the [[Democratic Senatorial Campaign Committee]] from 2009-2011, during which Democrats lost a net of six Senate seats.

'''Robert "Bob" Menendez''' (born January 1, 1954) is the junior [[United States]] [[Senator]] from [[New Jersey]] and a member of the [[Democratic Party]]. After being appointed to fill the vacant Senate seat left by [[Governor]] [[Jon Corzine]], Menendez was elected to a term in his own right with 53% of the vote in 2006. He has voted with his Democrat colleagues 97.2% of the time. <ref>[http://projects.washingtonpost.com/congress/members/m000639/ Source: ''The Washington Post'']</ref> Menendez was chairman of the [[Democratic Senatorial Campaign Committee]] from 2009-2011, during which Democrats lost a net of six Senate seats.

Previously he served as a U.S. Representative for New Jersey's 13th congressional district.

Previously he served as [[Mayor]] of Union City, New Jersey, and then as a U.S. Representative for New Jersey's 13th congressional district.

== Recall election ==

== Recall election ==

In 2009, some citizens started a campaign to recall him from office, on the grounds that he had failed in his duty to represent them properly and to uphold the [[United States Constitution]], as any Senator swears to do.<ref name=sussextp>[http://weseethroughu.com/2009/12/campaign-to-recall-senator-robert-menendez/ Sussex County Tea Party Committee Announces Campaign to Recall Senator Robert Menendez]</ref> [[New Jersey]] state law requires a minimum number of signatures equivalent to at least 25% of the prior general election’s registered voters in order to grant a special [[recall election]].

In 2009, three citizens, inspired by the [[Tea Party Movement]], started a campaign to recall Menendez from office, on the grounds that he had failed in his duty to represent them properly and to uphold the [[United States Constitution]], as any Senator swears to do.<ref name=sussextp>[http://weseethroughu.com/2009/12/campaign-to-recall-senator-robert-menendez/ Sussex County Tea Party Committee Announces Campaign to Recall Senator Robert Menendez]</ref> [[New Jersey]] state law requires a minimum number of signatures equivalent to at least 25% of the prior general election’s registered voters in order to grant a special [[recall election]].

Most recently, the New Jersey Division of Elections, in a long-delayed response to the Recall Committee's Notice of Intention, declared it inherently illegal on the ground that States may not recall their Senators mid-term, because only the Senate can judge the qualifications of its own membership. The Menendez Recall Committee will appeal.<ref name=appeal>Hurlbut T, "[http://www.examiner.com/x-28973-Essex-County-Conservative-Examiner~y2010m1d14-NJ-elections-division-says-Menendez-recall-illegal NJ division of elections says Menendez recall illegal]," ''Essex County Conservative Examiner'', <http://www.examiner.com/Newark>, 14 Jan 2010.</ref>

The Committee to Recall Robert Menendez from the Office of United States Senator filed a Notice of Intent with the New Jersey Division of Elections on September 25, 2009. The Division, then under the supervision of Secretary of State Nina M. Wells (an appointee of then-[[Governor]] [[Jon Corzine]]), initially acknowledged receipt of the application on October 5. The Division then said nothing further for a total of three and a half months, during which the Committee first filed a second Notice of Intent (which the Division never acknowledged) and then sued the Division in the Appellate Division of the New Jersey Superior Court. When the Elections Division did not respond to the lawsuit within the required 30 days, the Committee filed for summary judgment.<ref name=summary>Hurlbut T, "[http://www.examiner.com/essex-county-conservative-in-newark/summary-judgment-asked-menendez-recall-effort Summary judgment asked in Menendez recall effort]," <http://www.examiner.com/Newark>, 11 January 2010</ref>

 

The next day, the Elections Division declared the Notice inherently illegal on the ground that States may not recall their Senators mid-term, because only the Senate can judge the qualifications of its own membership.<ref name=illegal>Hurlbut T, "[http://www.examiner.com/essex-county-conservative-in-newark/nj-elections-division-says-menendez-recall-illegal NJ Elections Division says Menendez recall illegal]," <http://www.examiner.com/Newark>, 14 Jan 2010</ref>

 

The Menendez Recall Committee appealed at once.<ref name=appeal>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-recall-committee-appeals-decision Menendez recall committee appeals decision]," <http://www.examiner.com/Newark>, 29 Jan 2010.</ref> The Appellate Division accepted the appeal and served notice on the Elections Division, and also on Menendez, as an "indispensable party" to the case. By all accounts, this is the first time that Menendez even realized that a movement to recall him from office existed.

 

 

The Appellate Division heard oral argument on March 2, 2010.<ref name=oralappellate>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/oral-arguments-today-menendez-recall Oral arguments today in Menendez recall]," <http://www.examiner.com/Newark>, 2 March 2010</ref> Then on March 14, 2010, the court held 3-0 that the US Constitution was silent on the matter of recalling a Senator, that the [[United States Supreme Court]] had had no case "squarely on point" before it, and therefore, in the absence of clear federal Constitutional guidance, the New Jersey Constitution must stand. But the court stayed its decision for 45 days, the time limit for the Supreme Court of New Jersey to take appeals.<ref name=appealdec>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-recall-may-go-forward-perhaps-within-45-days Menendez recall may go forward&mdash;perhaps&mdash;with 45 days]," <http://www.examiner.com/>, 16 March 2010</ref>

 

Menendez appealed the decision on April 4, 2010.<ref name=sconjpetition>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-appeals-recall-decision-to-nj-supreme-court Menendez appeals recall decision to NJ Supreme Court]," <http://www.examiner.com/Newark>, 5 April 2010</ref> The Supreme Court of New Jersey accepted the "petition for certification" and asked for briefs on an accelerated briefing schedule.<ref name=briefsked>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-accelerate-briefing-sked-on-menendez-recall NJ Supremes accelerate briefing sked on Menendez recall]," <http://www.examiner.com/Newark>, 8 April 2010</ref> The case went to oral argument on May 25<ref name=oralsupreme>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/oral-arguments-conclude-menendez-recall-case Oral arguments conclude in Menendez recall case]," <http://www.examiner.com/Newark>, 26 May 2010</ref>&mdash;before only six Justices and an empty chair. (Christie has earlier refused to reappoint Associate Justice [[John E. Wallace]] to a tenured position on the Court, and the New Jersey Senate, taking exception to Christie's non-reappointment of a sitting Justice who did not stand accused of moral turpitude, refused to hold hearings on the confirmation of a permanent successor to Wallace, and continues so to refuse to this day.)

 

On November 18, 2010, the Supreme Court held, 4-2, that a United States Senator was ''not'' subject to recall.<ref name=reversed>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-declare-recall-unconstitutional NJ Supremes declare recall unconstitutional]," <http://www.examiner.com/Newark>, 18 Nov 2010.</ref> The arguments that the Court used are difficult to follow, and amount to an assertion that the US Constitution's silence on recall, after the [[Articles of Confederation]] had made recall an explicit right, constituted a denial of the right of recall. Justices [[Roberto A. Rivera-Soto]] and [[Helen E. Hoens]] stingingly dissented, saying that "a dark day" had fallen on the Court after it had, in essence, declared part of New Jersey's own Constitution unconstitutional.

 

The Recall Committee and its lead counsel ([[User:Aschlafly|Andrew L. Schlafly]]) have now announced their intention to petition for ''certiorari'' to the [[United States Supreme Court]].<ref name=scotus>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-recall-committee-will-petition-us-supremes Menendez recall committee will petition US Supremes]," <http://www.examiner.com/Newark>, 28 Dec 2010.</ref>

==External links==

==External links==

*[http://menendez.senate.gov/ Official Website]

*[http://menendez.senate.gov/ Official Website]

*[http://www.ontheissues.org/Senate/Bob_Menendez.htm Menendez on the issues]

*[http://www.ontheissues.org/Senate/Bob_Menendez.htm Menendez on the issues]

==References==

==References==