New Jersey Constitution
| New Jersey Constitution |
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| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI |
The New Jersey Constitution is the state constitution of New Jersey.
- The current New Jersey Constitution was adopted in 1948.
- New Jersey has had three state constitutions.
- The current state constitution has 11 articles.
- The current New Jersey Constitution has been amended 59 times.[1]
- Voters last approved a new amendment to the New Jersey Constitution on November 2, 2021, when voters approved Public Question 2.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Features
The New Jersey Constitution mirrors many of the basic provisions contained in the United States Constitution but also contains additional provisions such as rules pertaining to the operation of casinos.[2]
Background
New Jersey adopted its constitution in 1776, when it became the fourth American colony to adopt a constitution declaring independence from Great Britain. New Jersey became the third state in 1787. The constitution was revised in 1844 to shift governmental power to the executive branch, including for providing gubernatorial veto power and the appointment of most high-level officials by the governor. In 1947, the current state constitution was drafted by a convention of delegates.[3]
Preamble
The preamble to New Jersey Constitution states:
Article I: Rights and Privileges
- See also: Article I, New Jersey Constitution
Article I of the New Jersey Constitution is entitled "Rights and Privileges" and consists of one section with 23 paragraphs. It establishes the rights and freedoms inherent people and relevant operation of the government. The rights discussed in this article largely mirror the United States Constitution, including freedom of speech, a speedy and public trial and religious freedom. Article I also contains a Victims' Bill of Rights.
Click here to read this article of the New Jersey Constitution.
Article II: Elections and Suffrage
- See also: Article II, New Jersey Constitution
Article II of the New Jersey Constitution is entitled "Elections and Suffrage" and consists of two sections. It details the 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 that the right of suffrage may be removed from certain convicted criminals.
Click here to read this article of the New Jersey Constitution.
Article III: Distribution of the Powers of Government
- See also: Article III, New Jersey Constitution
Article III of the New Jersey Constitution is entitled "Distribution of the Powers of Government" and consists of one section. It details the policy of separation of powers. The three branches, executive, judicial and legislative, are created and defined.
Click here to read this article of the New Jersey Constitution.
Article IV: Legislative
- See also: Article IV, New Jersey Constitution
Article IV of the New Jersey Constitution is entitled "Legislative" and consists of eight sections. It establishes the bicameral New Jersey Legislature.
Click here to read this article of the New Jersey Constitution.
Article V: Executive
- See also: Article V, New Jersey Constitution
Article V of the New Jersey Constitution is entitled "Executive" and consists of four sections. It enacts the executive branch (constitutionally, only the office of governor). It also creates the layout for terms of office, the succession of future governors and the process of gubernatorial elections. 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.
Click here to read this article of the New Jersey Constitution.
Article VI: Judicial
- See also: Article VI, New Jersey Constitution
Article VI of the New Jersey Constitution is entitled "Judicial" and consists of eight sections. It creates the Judicial branch and permits the establishment, alteration and abolishment of any court other than the Supreme Court. The positions in the Supreme Court are described, as well as its ultimate and final authority following the Constitution.
Click here to read this article of the New Jersey Constitution.
Article VII: Public Officers and Employees
- See also: Article VII, New Jersey Constitution
Article VII of the New Jersey Constitution is entitled "Public Officers and Employees" and consists of three sections. It involves public officers and employees, including roles, appointment and nomination, compensation, promotions, affirmations and powers.
Click here to read this article of the New Jersey Constitution.
Article VIII: Taxation and Finance
- See also: Article VIII, New Jersey Constitution
Article VIII of the New Jersey Constitution is entitled "Taxation and Finance" and consists of five sections. It establishes the act of taxation.
Click here to read this article of the New Jersey Constitution.
Article IX: Amendments
- See also: Article IX, New Jersey Constitution
Article IX of the New Jersey Constitution is entitled "Amendments" and details the amendment process to the constitution. A potential amendment is submitted through the Senate or General Assembly. The amendment is then voted upon by the both houses. If it gathers at least three-fifths of the houses' vote, the amendment can then be submitted to the people of New Jersey to vote. If a majority votes for the amendment, the amendment is passed on the thirtieth day after the vote.
Click here to read this article of the New Jersey Constitution.
Article X: General Provisions
- See also: Article X, New Jersey Constitution
Article X of the New Jersey Constitution is entitled "General Provisions" and contains miscellaneous items of the constitution. It also states that the constitution go into effect the first day of 1948.
Click here to read this article of the New Jersey Constitution.
Article XI: Schedule
- See also: Article XI, New Jersey Constitution
Article XI of the New Jersey Constitution is entitled "Schedule" and consists of seven sections. It is an enumerated list of amendments to the constitution in order of their addition. Sections I through IV, were adopted with the rest of the constitution.
Click here to read this article of the New Jersey Constitution.
Amending the constitution
The New Jersey Constitution provides for a legislative process to amend the state constitution.
Legislature
The New Jersey Constitution provides two legislative methods for referring a constitutional amendment to the ballot. First, the legislature can refer an amendment to the ballot through a 60% vote of both chambers during one legislative session. That amounts to a minimum of 48 votes in the New Jersey General Assembly and 24 votes in the New Jersey State Senate, assuming no vacancies. Second, the legislature can refer an amendment through a simple majority vote (50%+1) in each legislative chamber during two successive legislative sessions. That amounts to a minimum of 41 votes in the New Jersey General Assembly and 21 votes in the New Jersey State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- New Jersey State Legislature, "New Jersey State Constitution"
- The State of New Jersey, "New Jersey Constitution of 1947'
- The State of New Jersey, "New Jersey Constitution of 1844"
- Bebout, John E., and Joseph Harrison. "The Working of the New Jersey Constitution of 1947" in the William and Mary Law Review Volume 10, Issue 2: Article 4
Footnotes
- ↑ City Connections, "New Jersey Constitution," accessed April 29, 2015 This number is based on the number in the reference, which is up-to-date as of November 2003, plus all succeeding amendments.
- ↑ Cyclopaedia, "Constitution of New Jersey," accessed March 30, 2014
- ↑ New Jersey Department of State, "New Jersey State Constitution," accessed December 13, 2023
- ↑ New Jersey State Legislature, "New Jersey State Constitution," accessed March 30, 2014
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