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 adopted on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence and the second came into effect in 1844. The current document was adopted in 1947 and has been amended several times.
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,Number obtained through http://www.njleg.state.nj.us/lawsconstitution/constitution.asp . The number was determined with the Microsoft Word "Word Count" option. 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 Agreement, 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 had recently been defeated in New York, putting New Jersey in imminent danger of invasion. With Patriot and Tory factions plotting and battling each other, New Jersey was a state at war and was nearly a state at civil war. Composed in a span of five days and ratified only two days later, during this state of emergency, on July 2, 1776, the New Jersey State Constitution reflects the turbulence and uncertainty of the moment. Its primary objective was to provide a basic governmental framework that would preempt New Jersey's fall into anarchy, yet the constitution served as the charter document for the state's government for the next 68 years.
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.
Current constitution (1947)
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.Preamble
"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 speech, a speedy and public trial, and religious freedom.Article I, Section I; first entry, Paragraph 6; second entry, Paragraph 9; third entry, Paragraphs 3 and 4 Article I also contains a Victims' Bill of Rights.Article I, Section I, Paragraph 22 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 U.S. Constitution's enumeration of rights. Similar to the U.S. Bill of Rights, the document also 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. Such rights include:
"Elections and Suffrage"
Article II lays out dates for elections of the Governor, the Lieutenant Governor, and members of the New Jersey Legislature.Article II, Section I, Paragraphs 1 to 3 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.Article II, Section II 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."
"Distribution of the Powers of Government" The sole content of Article III is the statement regarding separation of powers. 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.Article III 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.
"Legislative" Article IV establishes the bicameral New Jersey Legislature, composed of 40 in the Senate and 80 in the General Assembly, and their apportionment amongst the state.Article IV, Section II 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.Article IV, Section VII 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.
"Executive"
Article V enacts the executive branch.Article V, Section I, Paragraph 1. It also sets out the terms of office for the governor and lieutenant governor, the succession 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.Article IV, Section IV, Paragraph 3. 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 Supreme Court of New Jersey.Article VI, Sections I and II Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'"Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 4:1-1
The Supreme Court is New Jersey's appellate court of last resort.Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:2-2 "By constitutional mandate, the Court consists of a Chief Justice and six associate justices, with five members constituting a quorum." Article VI, Section II, Paragraph 3 provides that, "The Supreme Court makes its own rules governing the administration of all State courts 'and, subject to law, the practice and procedure of all such courts.'"
The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law."Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 7:1-1
"The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division" of the New Jersey Superior Court.Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:3-1
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.Article VI, Section V, Paragraph 4 During their term, the judges are restricted to one public office and may not practice law outside the state 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.
"Public Officers and Employees"