Conservative Tea Party activists in New Jersey are trying to have a Democratic US Senator thrown out of office. And according to their lawyer who argue this point in state appeals court, they should have the right to do so.

New Jersey Democratic Chairman John Wisniewski said in a statement:

“The attempt to recall Senator Menendez is an affront to the voters of New Jersey and has no standing in law.  One day these folks are trying to disprove human evolution, the next day they are challenging the constitutionality of the Constitution. These are radical people who chose Menendez off of a list of Democrats because of the sound of his last name.”

The US Constitution makes no provisions for the recall of federal elected officials. The Supreme Court has made clear that the only way to create mid-term vacancies are death or expulsion by the Senate.

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