en-us https://www.intensedebate.com/users/762139 Comments by fscarn http://biggovernment.com/libertychick/2010/01/17/is-new-jerseys-state-constitution-unconstitutional-campaign-to-recall-senator-menendez-turns-into-battle-of-the-constitutions/#IDComment52447737 It is encouraging to see that when people are pushed to the wall and they realize that their freedoms are being not simply threatened but actually being taken away, they return to the country's basic documents are begin to appreciate the genius of the Framers. But that genius can only be honored by us if we resist the encroachment of government. Just guessing here as to a percentage, but in all events it is quite high, but 90% of what fedgov does is unconstitutional. That is, you cannot find textual language in the Constitution authorizing what Congress enacts. If a reader can find textual support for foreign aid I will eat my multiple copies of the Constitution. But foreign aid is but one example out of thousands of federal incursions into the people's freedom which fundamentally can be reduced to the freedom to be left alone. Madison said it famously enough, in Federalist 45: the powers of fedgov are few and defined, those with the states numerous and undefined. In other words, if what you Congress want to do is not textually in the document then you may not lawfully do it. Sun, 17 Jan 2010 19:05:31 +0000 http://biggovernment.com/libertychick/2010/01/17/is-new-jerseys-state-constitution-unconstitutional-campaign-to-recall-senator-menendez-turns-into-battle-of-the-constitutions/#IDComment52447737 http://biggovernment.com/libertychick/2010/01/17/is-new-jerseys-state-constitution-unconstitutional-campaign-to-recall-senator-menendez-turns-into-battle-of-the-constitutions/#IDComment52446276 NJ's constitutional provision should prevail. The US Con. supremacy clause states that the federal constitution and federal laws made in pursuance thereof will prevail over any state law or state constitutional provision, but only to the extent that the latter are contrary to anything in the US Con. or federal law in pursuant thereof. Because the US Con. does NOT have any express provision denying the states or the people from recalling their reps, and because the 10th Am. affirms that all powers not delegated remain with the people or the states, NJ should win. And should win even if there is a federal law saying that recalling federal reps or senators can not be done because that federal law would itself be unconstitutional precisely because the Constitutional document itself does NOT give Congress the necessary power to enact such a law. Expect the fur to fly on this one. Trying to limit the power of the government is like talking a bone away from a hungry dog, or more appropriately a hungry grizzly or polar bear. Sun, 17 Jan 2010 18:48:07 +0000 http://biggovernment.com/libertychick/2010/01/17/is-new-jerseys-state-constitution-unconstitutional-campaign-to-recall-senator-menendez-turns-into-battle-of-the-constitutions/#IDComment52446276