recall Archives - Page 2 of 4

Peter Ferrara: The Timeless Principles of American Prosperity

By ACRU Staff|2010-07-29T11:47:49-04:00July 29th, 2010|

ACRU General Counsel Peter Ferrara wrote this column appearing July 28, 2010 on Spectator.org.

We know, based on economic experience, theory, and logic, how to create another economic boom that will last 25 years, or a generation into the future. We achieved that in America from the end of 1982 to the end of 2007, with only two, short, shallow recessions that barely interrupted sustained, robust, economic growth. But that was not the only instance of success. Several times in the last 100 years, whenever the nation’s economic policies adhered to the timeless principles of economic growth and prosperity, our economy has boomed. When it has […]

Ken Blackwell and Ken Klukowski: Obamacare Mandate Much Worse than a Tax

By ACRU Staff|2010-07-23T22:22:23-04:00July 23rd, 2010|

ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski wrote this column appearing July 22, 2010, on BigGovernment.com.

In the Wall Street Journal today, we discuss why the Obamacare mandate is not a tax, and even if it were, it would still be unconstitutional. But there’s much more to the story, which could forever change the reach of federal power.

The Wall Street Journal piece, and what follows, comes from our intensive research for our new book, The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency. Chapter 4 explains why Obamacare is unconstitutional, and how to defeat it […]

Ken Blackwell and Ken Klukowski: Why the ObamaCare Tax Penalty Is Unconstitutional

By ACRU Staff|2010-07-22T09:25:50-04:00July 22nd, 2010|

ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski wrote this column appearing July 22, 2010, on The Wall Street Journal.

The Justice Department announced last week that it would defend the new federal health-insurance mandate as an exercise of Congress’s “power to lay and collect taxes,” even though Barack Obama had insisted before the bill’s passage that it was “absolutely not a tax increase.” The truth is the mandate is not a tax—and if it were it would be unconstitutional.

A tax is when the government takes money from individuals, puts it in the Treasury, and plans […]

Complaint Filed in North Dakota Supreme Court to Allow Recall of U.S. Senator Kent Conrad

By ACRU Staff|2010-07-21T16:55:44-04:00July 21st, 2010|

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 U.S. Senator Kent Conrad (D-ND).

The complaint indicates that on May 13 North Dakota Attorney General Wayne Stenehjem published an opinion concluding that the North Dakota State Constitution does not allow for the recall of a U.S. Senator. On the same day, the office of the North Dakota Secretary of State claimed to have no authority to approve the circulation of RecallND’s recall petition.

ACRU Files Brief Urging N.J. Supreme Court to Allow Menendez Recall Petitions

By ACRU Staff|2020-04-23T21:52:58-04:00May 11th, 2010|

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. Sen. Robert Menendez (D). If the court concurs, petitioners could begin immediately to collect the 1.3 million signatures needed within 320 days to put Menendez on the ballot. Menendez, who was elected in 2006, is not slated for re-election until 2012.

“The New Jersey Supreme Court must either affirm the ruling of the court below, or expressly overrule all the New Jersey precedents holding that […]

ACRU Files Brief Urging N.J. Supreme Court to Allow Menendez Recall Petitions

By ACRU Staff|2010-05-10T15:51:59-04:00May 10th, 2010|

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. Sen. Robert Menendez (D). If the court concurs, petitioners could begin immediately to collect the 1.3 million signatures needed within 320 days to put Menendez on the ballot. Menendez, who was elected in 2006, is not slated for re-election until 2012.

The brief, filed by ACRU General Counsel Peter Ferrara, makes it clear that the court is deciding only the validity of a lower court’s […]

ACRU Urges NJ Supreme Court to Deny Sen. Menedez Petition to Hear Recall Appeal

By ACRU Staff|2020-04-23T21:52:59-04:00April 21st, 2010|

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 to collect the signatures required under the New Jersey Constitution to qualify for such an election.

The American Civil Rights Union (ACRU) filed an amicus curiae brief on April 21, 2010 with the New Jersey Supreme Court urging it to deny the petition from Senator Menendez to hear the case on the grounds that the circulation of petitions and the collection of signatures is political activity […]

Stage Set for Recall Battle in North Dakota

By ACRU Staff|2010-04-06T11:47:18-04:00April 6th, 2010|

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 letter dated 25 March, 2010, Alvin Jaeger, North Dakota’s Secretary of State, refused to provide the procedures by which a member of Congress could be recalled from the office they hold to a citizen of North Dakota. The ACRU contends that to deny this request is to deny the citizens of North Dakota their constitutional right of recall.

In response […]

John Armor: Is a State-Based Recall of a U.S. Senator Constitutional?

By ACRU Staff|2010-04-01T11:17:38-04:00April 1st, 2010|

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 second-highest New Jersey appeals court has just ruled that such an effort can proceed against Sen. Robert Menendez (D-NJ).

Several other states have provisions in their state constitutions and laws that may also allow recall efforts. And by the common provision of initiative by the people of state laws and constitutions, similar processes could be established in other states.

So the question that […]

Ken Blackwell and Ken Klukowski: Border Murder Highlights Administration's Failure

By ACRU Staff|2010-03-31T11:55:35-04:00March 31st, 2010|

ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski wrote this column appearing on Townhall.com on March 31, 2010.

The tragic murder of a Good Samaritan rancher in Arizona has people yelling for an effective response to this outrage. Although most illegal immigrants are just human beings that are desperately seeking to provide for themselves and their families, this murder shines a spotlight on the Obama administration’s utter failure to secure our borders and uphold the rule of law.

A top story on March 30 is that Arizona rancher Robert Krentz was apparently gunned down by an illegal immigrant. Krentz’s family […]

Title