Peter Ferrara

There is a way to fight back against a runaway Congress. Here's how it works.

Over the past year, Congress has seemed to be out of control. From health care to global warming to stimulus spending, corporate bailouts, deficits, federal debt and beyond, Congressional leaders have been dismissive of alternative views, insisting that they know best. They have responded to critics with name-calling, calling them everything from "yahoos," to "Nazis," and "tea baggers."

This anti-democratic attitude has veered towards elitist authoritarianism, closer to abuses we see in countries like Venezuela.

But there is a mechanism within our political system to deal with such a runaway Congress: the Right of Recall. Nine states already have laws on the books providing for Recall of members of Congress: Colorado, Louisiana, Michigan, Montana, New Jersey, North Dakota, Oregon, Washington, and Wisconsin. These 9 states suffer 12 incumbent Senators who are members of the runaway Congressional majority not up for reelection in 2010.

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> For example, the New Jersey state constitution provides:

"The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress."

Tea party activists in that state, in fact, have already filed to circulate recall petitions regarding Sen. Robert Menendez. But the former New Jersey Secretary of State took the position that such Recall of members of Congress is not authorized under the U.S. Constitution. Grassroots activists in Louisiana have similarly already filed for Recall of Senator Mary Landrieu, and the circulation of Recall petitions there has been authorized. Exercising this existing statutory Right of Recall in these 9 states could potentially reverse majority control in the Senate this year. (For more information on Right to Recall go to RecallCongressNow.org).

We saw this recall process at work in California in 2003, where the electorate became disgusted with the then-recently-reelected Democratic Governor, Gray Davis. They voted overwhelmingly to remove him from office in a recall election, and replaced him with their current governor:

Arnold Schwarzenegger. A total of 18 states provide for the recall of elected state officials, including the above 9.


Peter Ferrara

Peter Ferrara is General Counsel for the American Civil Rights Union, a Senior Fellow at the Carleson Center for Public Policy and a senior fellow at the National Center for Policy Analysis.