New Jersey State Constitution
Encyclopedia
The Constitution of the State of New Jersey is the basic governing document
of the State
of New Jersey
. In addition to three British Royal Charters issued for East Jersey
, West Jersey
and united New Jersey while they were still colonies, the state has been governed by three constitutions. The first was issued on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence
; the second was issued in 1844; and the current document was issued in 1947.
The state constitution reinforces the basic rights found in the United States Constitution
, but also contains several unique provisions, such as regulations governing the operation of casinos. At 26,159 words, the document is slightly shorter than the average American state constitution (about 28,300 words).
, which was written in 1665 by the colony's proprietors Lord John Berkeley and Sir George Carteret, and included a provision granting religious freedom. After Berkeley and Carteret sold New Jersey to the Quakers, the colony was split into West
and East Jersey
. Each had its own constitution: the West Jersey Constitution (1681) and the East Jersey Constitution (1683). The two were reunited in 1702 by Queen Anne
.
New Jersey's first state constitution was adopted on July 2, 1776. The American Revolutionary War
was underway and George Washington
recently had been defeated in New York
, putting the state in danger of invasion. The 1776 New Jersey State Constitution was drafted in five days and ratified within the next two days to establish a temporary government, thereby preventing New Jersey from collapsing and descending into anarchy. Among other provisions, it granted unmarried women and blacks who met property requirements the right to vote
. It did not specify an amendment procedure and had to be replaced entirely in a constitutional convention
.
The succeeding constitution, adopted on June 29, 1844, restricted suffrage to white males. It separated the government's powers
into judicial, legislative, and executive branches and granted the people (as opposed to the legislature) the ability to elect a governor. It also formally limited state debt, a predecessor of many contemporary "debt ceiling" clauses. The constitution was amended in 1875, mainly to conform to the Fourteenth
and Fifteenth
Amendments. Additionally, the state's amendments required that the legislature provide for a free public school system.
, a speedy
and public trial
, and religious freedom. Article I also contains a Victims' Bill of Rights
. The article is a de facto enumeration of the rights of the common man; Article I, Section I, Paragraph 21 deliberately states:
This Article is similar to the constitution's enumeration of rights. The document still has "holdover" rights, or rights left over from fear of Britain
during the Revolutionary War. These passages still do guarantee important rights to New Jerseyans, but violations are not necessarily common. Most of these rights, currently, are more or less taken for granted by the American people. Such rights include:
Article II lays out dates for elections of the Governor
, the Lieutenant Governor
, and members of the New Jersey Legislature
. It establishes the qualifications necessary for voting and states the right of suffrage may be removed from certain convicted criminals. The process of absentee balloting is instituted, as well as the structure of voting by people currently in military
service. The New Jersey Redistricting Commission
is established, and the distribution of selection of its 13 members is discussed, who are to represent the "geographic, ethnic and racial diversity" of the state. The method of appointment of New Jersey Redistricting Commission members ensures the minority party which lost the general election prior to the census will have the upper hand in redistricting the state. Along with the other 12 appointed members, there is one "independent" member, who is to not have held office within the past five years. He is chosen by the other twelve members, yet is automatically the chairman of the Commission. On the occasion that the twelve members may not reach a decision, the Commission picks two (which assumes there are two dominant parties which have their favorites) and sends them to the New Jersey Supreme Court
. A majority of the court (4 of 7) then picks the one that "by education and occupational experience, by prior public service in government or otherwise, and by demonstrated ability to represent the best interest of the people of this State."
. The three branches (executive
, judicial
, and legislative
) are created and defined. No individual can be affiliated with more than one unless the Constitution explicitly allows it. Before the constitution was amended, a vacancy in the Governor of New Jersey
would be filled by the president of the New Jersey Senate
, who would retain their Senate seat.
New Jersey Legislature
, composed of 40 in the Senate and 80 in the General Assembly, and their apportionment amongst the state. The Apportionment Commission
is created within the Legislature to modify the proration of legislative districts on a rolling basis, following every United States Census
. It also creates the requirements for office, and the roles of the Senate and General Assembly. This includes the judging of elections, the selection of officers, a journal of proceedings, and the inability to adjourn for a period of greater than three days without the consent of the other house. This article also allows the Legislature to appoint commissions, committees, and other bodies to help perform the functions of the Legislature. Regulations regarding members of the Legislature, including singularity of employment. This is the law that no senator or member of the General Assembly can hold any other Federal or State position, and also cannot be a judge. Further topics are discussed, including bills, agencies, subdivisions, and emergencies. A negative enumeration
of legislative powers is included within the article. Among this list of powers denied are granting divorces, gambling (with obvious exceptions), and passing omnibus
acts. Although the phrase omnibus acts is never formally used in this document, the actual wording skirts around the phrase:
Finally, an oath
/affirmation
is included that is required by members and officers of the Legislature before the person enters upon his/her duties.
of future governors, and the process of gubernatorial elections. The Governor is given total authority over clemency except in cases of impeachment
. This is to bar him from pardon in his own impeachment, or disturbing cases of treason. His clemency powers extend to the ability to suspend and remit fines and forfeitures. The system of granting parole is provided by law. The "militia" is created, or what is now the National Guard
. Regulation regarding nominations and appointments of generals and flag offices is described. The executive and administrative offices, departments, and instrumentalities of the State government are placed under the supervision of the Governor. The Governor has the ability to appoint the Secretary of State and the Attorney General
with the consent of the New Jersey Senate
, though he also can appoint the Lieutenant Governor to serve as Secretary of State without consent of the Senate. He can also start inquiries into the conduct of officers and employees.
. The positions in the Supreme Court are described, as well as its ultimate and final authority following the Constitution. The Superior Court is also enacted, along with the positions within, and the divisions of the court. The causes in which a case may be transferred to the Supreme Court are stated, as well as the causes a case in the Chancery
or Law divisions may be carried to the Appellate division. The governor's power to appoint and nominate the judges of the Supreme and Superior Courts, with the consent of the Senate, is established. He may also nominate and appoint, with the consent of the Senate, judges of the inferior courts whose jurisdiction is only within one municipality. The term of office of Justices and Judges, including their retirement ages and pensions, is stated. Impeachment of Justices and Judges is also legalized, and their inabiling of powers until acquitted. During their term, the judges are restricted to one public office and may not practice law outside the federal government. The powers of the Chief Justice
of the Supreme Court are enumerated. Terms specifying costs of the facilities and materials used by the Justice Department are listed.
Article VII involves the public officers and employees, including appointment/nomination, compensation, promotions, affirmations, and powers. The role of officers in the state government is discussed. Before the officer enters the duties of office, the officer must subscribe an oath
. Appointments for officers are based upon merit, fitness, and examinations. Fees are paid to the New Jersey State Treasury
. The term of office for an officer commences on the day of the date of their commissions. The Auditor
, who has a term of five years, is to be appointed by the New Jersey Senate
and New Jersey General Assembly
. The rest of the section details the duties of the State Auditor and the nomination/appointment of county prosecutor
s, county clerks, surrogates, and sheriff
s. County prosecutors are nominated and appointed by the Governor. The term of office for county clerks and surrogates is five years, and for sheriffs three years. Impeachment
and the process by which impeachment occurs are discussed:
No state employee may be impeached until he/she has served in office for two years. Following that, the impeachment process is similar to that of the Federal level: an absolute majority in the lower house (the General Assembly) against the employee causes a trial to take place in the upper house (the State Senate) with the Chief Justice presiding. Unlike the Federal process, the oath necessary to participate in the impeachment sessions is specified and requires the senators to "truly and impartially" address the charge as a reminder that they are exercising more judicial functions. ⅔ of the votes, or 27 votes, are needed to convict, but the President of the Senate is excluded from the trial, so the required percentage is slightly higher than ⅔ of 40. The maximum penalty is removal from office with disqualification to hold further state office. However, the impeachment does not count towards the restriction on double jeopardy
; after being convicted by the senate, a person could then be tried by the judiciary and punished further. If this crime was listed according to Article II, Section I, Item 7, the offender can be disenfranchised
.
who live in apartments and may/may not be disabled are discussed. Pensions, disability, and retirement programs for federal railroad workers
, or any state employees are described. Surviving spouses of deceased citizens, besides exceptions, are entitled to tax deductions. This article also restricts any citizen from receiving more than one tax deduction. The Legislature's right to instantiating a homestead statue is discussed. General laws enacted by legislature which permit municipalities to grant tax exemptions on buildings in blight
ed urban areas are legalized, with exceptions relating to the deduction's permanence. Income taxes are banned unless the revenue is placed into a specific perpetual fund, or if the taxer is receiving payments from the Federal Railroad Retirement Act, or similar.
The credit of the state is barred from being publicly or privately loaned. Any fiscal year plan which creates more than one percent debt and/or liabilities is banned. The voting on such plans in public elections is banned, as well as the creation of debt or liabilities "for purposes of war, or to repel invasion, or to suppress insurrection or to meet an emergency caused by disaster or act of God." Taxation of motor vehicle fuel, and the funds the moneys are deposited in are discussed; the appropriation of moneys from the Sales and Use Tax Act are defined. A council of local mandates is created, and regulation regarding the appointment of the members for this body. Some moneys from the Corporate Business Tax Act
are directed to the General Fund. The appropriation of moneys to the remediation of hazardous discharges and buildings that hold hazardous substances or public water supplies are discussed. A General Fund is created, as well as the distribution of moneys into and from it. The "clearance, replanning, development or redevelopment of blighted areas" is made a public and state duty. The redevelopment of any of these properties is permitted to be completed by municipal, public, or private corporations. The continuing of appropriation of moneys to the corporation that completes the redevelopment after its completion is banned. A free public school system is created, as well as a busing system. The appropriation of moneys into the public school system fund is legalized. The lands that are tidal or were within forty years ago are protected from riparian claims.
It also explains how the amendments are submitted to the people, i.e., all amendments are to be voted upon separately.
, technicality notice that generic words derived from "person" and pronouns be construed to mean females as well, and finally states that the constitution goes into effect the first day of 1948.
, both prohibited by the United States Constitution
. The new legislature members are elected, and the process of election, term, and rotation are created. The members may be appointed to offices of government, likely new ones created at the behest of Article XI, Section I, Paragraph 2.
The remaining sections are the amendments. For reasons unknown, this constitution has never been directly updated since its adoption. The amendments are enumerated in this Article. Essentially, this section of the article records the development of the constitution through amendments. Such amendments include the abolishment of the New Jersey Court of Errors and Appeals and Chancery
, transferring the cases before them and offices under the other courts, such as the New Jersey Supreme Court
.
The requirement of the Federal Supreme Court that the apportionment of all state legislatures be by population is stated. It mainly consists of an interim list of districts and the number of Senators they can elect until the next United States Census
comes around and is received by the Governor. It also contains provisions for apportioning ten districts of the lower house. If it is deadlocked, the Chief Justice of the New Jersey Supreme Court
will appoint an 11th and then the vote is by absolute majority. It was passed on election day, 1966, but was first applied on January 17, 2006. This was superseded in 1995 by Article II, Section II. It took effect on December 7, 1978. Section VII, the final section of this constitution, was passed in a referendum on November 8, 2005, and takes full effect at noon
, January 19, 2010, following the transfer of power to the next executive.
's resignation
. Senate President Richard Codey
assumed command, and since he legally held both positions, he temporarily had more power than any other governor in the country, being the head of both Executive and Legislative branches. An amendment was later passed to prevent the possibility of Executive and Legislative conflation in the future. The constitution has also been denounced for its unorganized composition. Paragraphs traditionally in Article I, e.g., the banning of ex post facto laws, are in Article IV "Legislative."
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of the State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
. In addition to three British Royal Charters issued for East Jersey
East Jersey
The Province of East Jersey and the Province of West Jersey were two distinct, separately governed parts of the Province of New Jersey that existed as separate provinces for 28 years, between 1674 and 1702. East Jersey's capital was located at Perth Amboy...
, West Jersey
West Jersey
West Jersey and East Jersey were two distinct parts of the Province of New Jersey. The political division existed for 28 years, between 1674 and 1702...
and united New Jersey while they were still colonies, the state has been governed by three constitutions. The first was issued on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence
United States Declaration of Independence
The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...
; the second was issued in 1844; and the current document was issued in 1947.
The state constitution reinforces the basic rights found in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, but also contains several unique provisions, such as regulations governing the operation of casinos. At 26,159 words, the document is slightly shorter than the average American state constitution (about 28,300 words).
Previous versions
Three fundamental documents had governed the territory now known as New Jersey. The first was the Concession and AgreementConcession and Agreement
Concession and Agreement was a document that provided religious freedom in the colony of New Jersey. It was issued as a proclamation for the structure of the government for the colony written in 1665 by the two proprietors, Lord John Berkeley and Sir George Carteret.The document promised religious...
, which was written in 1665 by the colony's proprietors Lord John Berkeley and Sir George Carteret, and included a provision granting religious freedom. After Berkeley and Carteret sold New Jersey to the Quakers, the colony was split into West
West Jersey
West Jersey and East Jersey were two distinct parts of the Province of New Jersey. The political division existed for 28 years, between 1674 and 1702...
and East Jersey
East Jersey
The Province of East Jersey and the Province of West Jersey were two distinct, separately governed parts of the Province of New Jersey that existed as separate provinces for 28 years, between 1674 and 1702. East Jersey's capital was located at Perth Amboy...
. Each had its own constitution: the West Jersey Constitution (1681) and the East Jersey Constitution (1683). The two were reunited in 1702 by Queen Anne
Anne of Great Britain
Anne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
.
New Jersey's first state constitution was adopted on July 2, 1776. The American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
was underway and George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
recently had been defeated in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, putting the state in danger of invasion. The 1776 New Jersey State Constitution was drafted in five days and ratified within the next two days to establish a temporary government, thereby preventing New Jersey from collapsing and descending into anarchy. Among other provisions, it granted unmarried women and blacks who met property requirements the right to vote
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
. It did not specify an amendment procedure and had to be replaced entirely in a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
.
The succeeding constitution, adopted on June 29, 1844, restricted suffrage to white males. It separated the government's powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
into judicial, legislative, and executive branches and granted the people (as opposed to the legislature) the ability to elect a governor. It also formally limited state debt, a predecessor of many contemporary "debt ceiling" clauses. The constitution was amended in 1875, mainly to conform to the Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
and Fifteenth
Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...
Amendments. Additionally, the state's amendments required that the legislature provide for a free public school system.
Preamble
We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution."Rights and Privileges"
Article I, as is usual for constitutions, establishes the rights and freedoms inherent people and relevant operation of the government. The rights discussed in this Article largely mirror the Constitution of the United States. Such rights include freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, a speedy
Speedy trial
Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair...
and public trial
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
, and religious freedom. Article I also contains a Victims' Bill of Rights
Victims' Rights Amendment
In the United States, the Victims' Rights Amendment is a provision which has been included in some state constitutions, proposed for others, and additionally has been proposed for inclusion in the United States Constitution. Its provisions vary from state to state but are usually somewhat similar...
. The article is a de facto enumeration of the rights of the common man; Article I, Section I, Paragraph 21 deliberately states:
This Article is similar to the constitution's enumeration of rights. The document still has "holdover" rights, or rights left over from fear of Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
during the Revolutionary War. These passages still do guarantee important rights to New Jerseyans, but violations are not necessarily common. Most of these rights, currently, are more or less taken for granted by the American people. Such rights include:
"Elections and Suffrage"
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
, the Lieutenant Governor
Lieutenant governor
A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
, and members of the New Jersey Legislature
New Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...
. It establishes the qualifications necessary for voting and states the right of suffrage may be removed from certain convicted criminals. The process of absentee balloting is instituted, as well as the structure of voting by people currently in military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
service. The New Jersey Redistricting Commission
New Jersey Redistricting Commission
The New Jersey Redistricting Commission is a constitutional body of the government of New Jersey. Like Arizona, Idaho, Hawaii, Montana, and Washington; the redistricting is completed within an independent, bipartisan commission...
is established, and the distribution of selection of its 13 members is discussed, who are to represent the "geographic, ethnic and racial diversity" of the state. The method of appointment of New Jersey Redistricting Commission members ensures the minority party which lost the general election prior to the census will have the upper hand in redistricting the state. Along with the other 12 appointed members, there is one "independent" member, who is to not have held office within the past five years. He is chosen by the other twelve members, yet is automatically the chairman of the Commission. On the occasion that the twelve members may not reach a decision, the Commission picks two (which assumes there are two dominant parties which have their favorites) and sends them to the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
. A majority of the court (4 of 7) then picks the one that "by education and occupational experience, by prior public service in government or otherwise, and by demonstrated ability to represent the best interest of the people of this State."
"Distribution of the Powers of Government"
The sole content of Article III is the statement regarding separation of powersSeparation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. The three branches (executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, and legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
) are created and defined. No individual can be affiliated with more than one unless the Constitution explicitly allows it. Before the constitution was amended, a vacancy in the Governor of New Jersey
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
would be filled by the president of the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
, who would retain their Senate seat.
"Legislative"
Article IV establishes the bicameralBicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
New Jersey Legislature
New Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...
, composed of 40 in the Senate and 80 in the General Assembly, and their apportionment amongst the state. The Apportionment Commission
New Jersey Apportionment Commission
The New Jersey Apportionment Commission is a constitutionally-created ten-member commission responsible for apportioning the forty districts of the New Jersey Legislature. The commission is convened after each decennial U.S. Census, and the districts are to be in use for the legislative elections...
is created within the Legislature to modify the proration of legislative districts on a rolling basis, following every United States Census
United States Census
The United States Census is a decennial census mandated by the United States Constitution. The population is enumerated every 10 years and the results are used to allocate Congressional seats , electoral votes, and government program funding. The United States Census Bureau The United States Census...
. It also creates the requirements for office, and the roles of the Senate and General Assembly. This includes the judging of elections, the selection of officers, a journal of proceedings, and the inability to adjourn for a period of greater than three days without the consent of the other house. This article also allows the Legislature to appoint commissions, committees, and other bodies to help perform the functions of the Legislature. Regulations regarding members of the Legislature, including singularity of employment. This is the law that no senator or member of the General Assembly can hold any other Federal or State position, and also cannot be a judge. Further topics are discussed, including bills, agencies, subdivisions, and emergencies. A negative enumeration
Enumeration
In mathematics and theoretical computer science, the broadest and most abstract definition of an enumeration of a set is an exact listing of all of its elements . The restrictions imposed on the type of list used depend on the branch of mathematics and the context in which one is working...
of legislative powers is included within the article. Among this list of powers denied are granting divorces, gambling (with obvious exceptions), and passing omnibus
Omnibus bill
An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. Omnibus is derived from Latin and means "for everything"...
acts. Although the phrase omnibus acts is never formally used in this document, the actual wording skirts around the phrase:
Finally, an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
/affirmation
Affirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...
is included that is required by members and officers of the Legislature before the person enters upon his/her duties.
"Executive"
Article V enacts the executive branch. It also sets out the terms of office for the governor and lieutenant governor, the successionOrder of succession
An order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant.-Monarchies and nobility:...
of future governors, and the process of gubernatorial elections. The Governor is given total authority over clemency except in cases of impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
. This is to bar him from pardon in his own impeachment, or disturbing cases of treason. His clemency powers extend to the ability to suspend and remit fines and forfeitures. The system of granting parole is provided by law. The "militia" is created, or what is now the National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
. Regulation regarding nominations and appointments of generals and flag offices is described. The executive and administrative offices, departments, and instrumentalities of the State government are placed under the supervision of the Governor. The Governor has the ability to appoint the Secretary of State and the Attorney General
New Jersey Attorney General
The Attorney General of New Jersey is a member of the executive cabinet of the state. The office is appointed by the Governor of New Jersey and term limited...
with the consent of the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
, though he also can appoint the Lieutenant Governor to serve as Secretary of State without consent of the Senate. He can also start inquiries into the conduct of officers and employees.
"Judicial"
Article VI creates the Judicial branch, and permits the establishment, alteration, and abolishment of any court other than the SupremeSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. The positions in the Supreme Court are described, as well as its ultimate and final authority following the Constitution. The Superior Court is also enacted, along with the positions within, and the divisions of the court. The causes in which a case may be transferred to the Supreme Court are stated, as well as the causes a case in the Chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
or Law divisions may be carried to the Appellate division. The governor's power to appoint and nominate the judges of the Supreme and Superior Courts, with the consent of the Senate, is established. He may also nominate and appoint, with the consent of the Senate, judges of the inferior courts whose jurisdiction is only within one municipality. The term of office of Justices and Judges, including their retirement ages and pensions, is stated. Impeachment of Justices and Judges is also legalized, and their inabiling of powers until acquitted. During their term, the judges are restricted to one public office and may not practice law outside the federal government. The powers of the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court are enumerated. Terms specifying costs of the facilities and materials used by the Justice Department are listed.
"Public Officers and Employees"
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
. Appointments for officers are based upon merit, fitness, and examinations. Fees are paid to the New Jersey State Treasury
New Jersey Department of the Treasury
The mission of the New Jersey Department of the Treasury is to formulate and manage the state's budget, generate and collect revenues, disburse the appropriations used to operate New Jersey state government, manage the state's physical and financial assets, and provide statewide support services to...
. The term of office for an officer commences on the day of the date of their commissions. The Auditor
New Jersey State Auditor
The New Jersey State Auditor is a constitutional officer. He is appointed by the New Jersey State Legislature, and serves a term of five years. Within his power, the officer may investigate the spending and internal management control of any state or state-supported agencies...
, who has a term of five years, is to be appointed by the New Jersey Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
and New Jersey General Assembly
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature.Since the election of 1967 , the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average...
. The rest of the section details the duties of the State Auditor and the nomination/appointment of county prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s, county clerks, surrogates, and sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
s. County prosecutors are nominated and appointed by the Governor. The term of office for county clerks and surrogates is five years, and for sheriffs three years. Impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
and the process by which impeachment occurs are discussed:
No state employee may be impeached until he/she has served in office for two years. Following that, the impeachment process is similar to that of the Federal level: an absolute majority in the lower house (the General Assembly) against the employee causes a trial to take place in the upper house (the State Senate) with the Chief Justice presiding. Unlike the Federal process, the oath necessary to participate in the impeachment sessions is specified and requires the senators to "truly and impartially" address the charge as a reminder that they are exercising more judicial functions. ⅔ of the votes, or 27 votes, are needed to convict, but the President of the Senate is excluded from the trial, so the required percentage is slightly higher than ⅔ of 40. The maximum penalty is removal from office with disqualification to hold further state office. However, the impeachment does not count towards the restriction on double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
; after being convicted by the senate, a person could then be tried by the judiciary and punished further. If this crime was listed according to Article II, Section I, Item 7, the offender can be disenfranchised
Disfranchisement
Disfranchisement is the revocation of the right of suffrage of a person or group of people, or rendering a person's vote less effective, or ineffective...
.
"Taxation and Finance"
In Article VIII, taxation is created. It states the Legislature's duty to create laws "to provide the value of land" and the uniformity of these rules. Taxing of lands of agriculture is discussed, as well as taxation regulations regarding the re-use of agricultural land for different purposes. Tax exemption is legalized, including the continued tax exemptions carried over from the previous constitution. Alteration or repeal of tax exemption is allowed, provided that the real or personal property is not used for "religious, educational, charitable or cemetery purposes, as defined by law, and owned by any corporation or association organized and conducted exclusively for one or more of such purposes and not operating for profit." Tax exemptions regarding the honorably discharged and exemptions for senior citizensOld age
Old age consists of ages nearing or surpassing the average life span of human beings, and thus the end of the human life cycle...
who live in apartments and may/may not be disabled are discussed. Pensions, disability, and retirement programs for federal railroad workers
Railroad Retirement Board
The U.S. Railroad Retirement Board is an independent agency in the executive branch of the United States government created in 1935 to administer a social insurance program providing retirement benefits to the country's railroad workers....
, or any state employees are described. Surviving spouses of deceased citizens, besides exceptions, are entitled to tax deductions. This article also restricts any citizen from receiving more than one tax deduction. The Legislature's right to instantiating a homestead statue is discussed. General laws enacted by legislature which permit municipalities to grant tax exemptions on buildings in blight
Blight
Blight refers to a specific symptom affecting plants in response to infection by a pathogenic organism. It is simply a rapid and complete chlorosis, browning, then death of plant tissues such as leaves, branches, twigs, or floral organs. Accordingly, many diseases that primarily exhibit this...
ed urban areas are legalized, with exceptions relating to the deduction's permanence. Income taxes are banned unless the revenue is placed into a specific perpetual fund, or if the taxer is receiving payments from the Federal Railroad Retirement Act, or similar.
The credit of the state is barred from being publicly or privately loaned. Any fiscal year plan which creates more than one percent debt and/or liabilities is banned. The voting on such plans in public elections is banned, as well as the creation of debt or liabilities "for purposes of war, or to repel invasion, or to suppress insurrection or to meet an emergency caused by disaster or act of God." Taxation of motor vehicle fuel, and the funds the moneys are deposited in are discussed; the appropriation of moneys from the Sales and Use Tax Act are defined. A council of local mandates is created, and regulation regarding the appointment of the members for this body. Some moneys from the Corporate Business Tax Act
Corporate tax
Many countries impose corporate tax or company tax on the income or capital of some types of legal entities. A similar tax may be imposed at state or lower levels. The taxes may also be referred to as income tax or capital tax. Entities treated as partnerships are generally not taxed at the...
are directed to the General Fund. The appropriation of moneys to the remediation of hazardous discharges and buildings that hold hazardous substances or public water supplies are discussed. A General Fund is created, as well as the distribution of moneys into and from it. The "clearance, replanning, development or redevelopment of blighted areas" is made a public and state duty. The redevelopment of any of these properties is permitted to be completed by municipal, public, or private corporations. The continuing of appropriation of moneys to the corporation that completes the redevelopment after its completion is banned. A free public school system is created, as well as a busing system. The appropriation of moneys into the public school system fund is legalized. The lands that are tidal or were within forty years ago are protected from riparian claims.
"Amendments"
Article IX involves amendments to the New Jersey state constitution. A potential amendment is submitted through the Senate or General Assembly. The amendment is voted upon by both of the houses. If it gathers at least three-fifths of both the Senate and the General Assembly, the amendment is to be submitted to be voted upon by the people of New Jersey. If a majority votes for the amendment, the amendment is passed on the thirtieth day after the vote.It also explains how the amendments are submitted to the people, i.e., all amendments are to be voted upon separately.
"General Provisions"
Article X contains involves miscellaneous final addenda, termed as "General Provisions." Mainly, the giving of the name of the official seal of the state (The Great Seal of the State of New Jersey) and its custodian (The Governor) are discussed, but it doesn't specify its design or mention the flag. The article continues about the salutation and protocol in creating letters of grants and commissions, the requirement that criminal indictments be "against the peace of this State, the government and dignity of the sameQueen's peace
The Queen's peace is the term used in the Commonwealth realms to describe the protection the monarch, in right of each state, provides to his or her subjects...
, technicality notice that generic words derived from "person" and pronouns be construed to mean females as well, and finally states that the constitution goes into effect the first day of 1948.
"Schedule"
Article XI, the schedule, is the list of amendments to the Constitution in order of their addition. Sections I through IV, were adopted with the rest of the constitution. They lay out the process of supersession. The others were adopted as individual amendments. The Article orders the Legislature to pass all laws necessary for the activation of the new constitution. Existing instruments of government, contracts, officers, and judgments are continued unless they are expired, superseded, altered, or repealed. This is to prevent application as an ex post facto law or violation of the Contract ClauseContract Clause
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
, both prohibited by the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The new legislature members are elected, and the process of election, term, and rotation are created. The members may be appointed to offices of government, likely new ones created at the behest of Article XI, Section I, Paragraph 2.
The remaining sections are the amendments. For reasons unknown, this constitution has never been directly updated since its adoption. The amendments are enumerated in this Article. Essentially, this section of the article records the development of the constitution through amendments. Such amendments include the abolishment of the New Jersey Court of Errors and Appeals and Chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
, transferring the cases before them and offices under the other courts, such as the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
.
The requirement of the Federal Supreme Court that the apportionment of all state legislatures be by population is stated. It mainly consists of an interim list of districts and the number of Senators they can elect until the next United States Census
United States Census
The United States Census is a decennial census mandated by the United States Constitution. The population is enumerated every 10 years and the results are used to allocate Congressional seats , electoral votes, and government program funding. The United States Census Bureau The United States Census...
comes around and is received by the Governor. It also contains provisions for apportioning ten districts of the lower house. If it is deadlocked, the Chief Justice of the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
will appoint an 11th and then the vote is by absolute majority. It was passed on election day, 1966, but was first applied on January 17, 2006. This was superseded in 1995 by Article II, Section II. It took effect on December 7, 1978. Section VII, the final section of this constitution, was passed in a referendum on November 8, 2005, and takes full effect at noon
Noon
Noon is usually defined as 12 o'clock in the daytime. The word noon is also used informally to mean midday regarding the location of the sun not the middle of a persons day. Although this is a time around the middle of the day when people in many countries take a lunch break...
, January 19, 2010, following the transfer of power to the next executive.
Criticisms
The New Jersey State Constitution has been criticized, mainly for its disorganized succession plan, as seen following Jim McGreeveyJim McGreevey
James Edward "Jim" McGreevey is an American Democratic politician. He served as the 52nd Governor of New Jersey from January 15, 2002, until he resigned from office at 11:59 pm on November 15, 2004. His term was set to expire on January 17, 2006...
's resignation
Resignation
A resignation is the formal act of giving up or quitting one's office or position. It can also refer to the act of admitting defeat in a game like chess, indicated by the resigning player declaring "I resign", turning his king on its side, extending his hand, or stopping the chess clock...
. Senate President Richard Codey
Richard Codey
Richard James Codey is an American Democratic Party politician who served as the 53rd Governor of New Jersey from November 2004 to January 2006. He has served in the New Jersey Senate since 1981 and served as the President of the Senate from 2002 to January 2010. He represents the 27th Legislative...
assumed command, and since he legally held both positions, he temporarily had more power than any other governor in the country, being the head of both Executive and Legislative branches. An amendment was later passed to prevent the possibility of Executive and Legislative conflation in the future. The constitution has also been denounced for its unorganized composition. Paragraphs traditionally in Article I, e.g., the banning of ex post facto laws, are in Article IV "Legislative."
See also
- John Farmer Jr.John Farmer Jr.John J. Farmer, Jr. is an American lawyer, politician and jurist. Since 2009, Farmer has been Dean of Rutgers School of Law-Newark. He served as Acting Governor of New Jersey for 90 minutes on January 8, 2002, by virtue of his status as New Jersey Attorney General.-Early Life and Career :Farmer...
- State constitution
- Governors of New Jersey