Federal Judge Dismisses Case for New Jersey Special Election

When New Jersey Governor Jim McGreevey, a Democrat, announced that he was resigning back in August, he set up a politically surreal situation by making that resignation effective on November 15. In so doing, he avoided a special election that would have filled the vacancy which might have been won by a Republican. Instead, the slot will be taken by state Senate President Richard J. Codey, a Democrat, thus keeping it all in the party. This being America, a lawsuit was immediately filed in US court claiming this somehow violated the rights of the people of New Jersey. US District Judge Garrett E. Brown Jr., threw the case out as groundless, and the two Princeton lawyers who brought the case have filed it in state court. They should get the same treatment there if there is any justice.

This journal has condemned Governor McGreevey's insistence on sticking around until mid-November. A resignation that isn't effective at once is nonsense. That said, this is what he has chosen to do and the rush to the court house is a legal response to what is, at its core, a political problem. With so many lawyers in the political field, it is not surprising that this is the course of action the Governor's opponents have taken, but it is plain wrong. Impeachment is the proper course of action.

The state constitution provides, in Article VII, section 3 for impeachment and removal from office of state officials including the governor. It takes a simple majority in the assembly to impeach and a 2/3 majority in the senate to convict. The trouble is that the New Jersey assembly has 44 Democratic members to 36 GOP members, and the state senate has an even 20-20 divide. There doesn't seem to be much chance of getting McGreevey out this way. Pursuit of this course of action is not to remove him, but rather to embarrass every Democrat in the state legislature by making them defend him. Just why should he remain governor? If he's bailing out on November 15, what compelling reason is keeping him in office now? The GOP would have a ready stick with which to beat each incumbent Democrat in the next election -- or even this one.

The legalistic approach does not remove Mr. McGreevey either. As Judge Brown notes, the whole reason for a special election is to fill a vacancy, which won't exist until November 15, unless the legislature creates one. Moreover, the dash to federal court was probably a bad idea in the first place. Despite the demise of real federalism, the Feds still don't like telling state governments how to operate.

The American political system is at risk because the legislative branches of its various governments are inept, gutless or corrupt. The founders wanted the legislatures to be the pre-eminent branch, primus inter pares, but the ground has shifted to the executive in most cases. The solution to the mess in New Jersey is there for the legislature to take, but if the Democratic majority won't act, the Republican minority can mint all kinds of political currency as a result. Or they would if they were real politicians and not time-servers with their snouts in the public trough.


© Copyright 2004 by The Kensington Review, J. Myhre, Editor. No part of this publication may be reproduced without written consent.


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