Omar Bennett
The New Jersey Constitution is the fundamental governing document of the State of New Jersey. It has been amended several times since its adoption in 1947, with the latest amendment being approved by voters on November 2, 2021. The constitution consists of 11 articles, including Rights and Privileges, Elections and Suffrage, Distribution of Powers of Government, Legislative, Executive, Judicial, and Public Officers and Employees. These articles outline the rights, freedoms, and operation of the government, including the establishment of the judicial, legislative, and executive branches, and the powers and duties of the Governor.
| Characteristics | Values |
|---|---|
| Number of Articles | 11 |
| First Adopted | July 2, 1776 |
| Current Document Adopted | 1947 |
| Number of Amendments | 59 |
| Last Amendment Date | November 2, 2021 |
| Article with Most Sections | Article IV (Legislative) and Article VI (Judicial) with 8 sections each |
| Article with Most Amendments | Article I (Rights and Privileges) with 5 amendments |
| Article with Most Paragraphs | Article I (Rights and Privileges) with 22 or 23 paragraphs |
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What You'll Learn
The current New Jersey Constitution has 11 articles
The current New Jersey Constitution, the third in the state's history, consists of 11 articles. The constitution was agreed upon by delegates of the people of New Jersey, at a convention held at Rutgers University in 1947.
Article I, entitled 'Rights and Privileges', consists of a single section with 22 paragraphs. It is similar to the U.S. Constitution's enumeration of rights and the U.S. Bill of Rights.
Article III, entitled 'Distribution of Powers of Government', details the separation of powers and defines the executive, judicial, and legislative branches.
Article IV, entitled 'Legislative', establishes the state legislature and defines its powers and procedures.
Article V, entitled 'Executive', consists of four sections. It establishes the executive branch, the office of the governor, and outlines terms of office, succession, and the process of gubernatorial elections.
Article VI, entitled 'Judicial', consists of eight sections. It establishes the judicial branch and permits the establishment, alteration, and abolishment of any court other than the Supreme Court of New Jersey.
Article IX involves amendments to the New Jersey State Constitution. It records the development of the constitution through amendments, such as the abolishment of the New Jersey Court of Errors and Appeals and Chancery.
The remaining articles outline the structure and functions of the New Jersey state government, including the establishment of a free public school system and the protection of certain lands from riparian claims.
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Article I: Rights and Privileges
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. The state has been governed by three constitutions, with the current one adopted in 1947 and amended several times since.
Article I, as is usual for constitutions, establishes the rights and freedoms inherent to the people and relevant operations of the government. The rights discussed in this Article largely mirror the Constitution of the United States, including freedom of speech, a speedy and public trial, and religious freedom.
Article I of the New Jersey Constitution guarantees the natural and unalienable rights of all persons, including the rights to enjoy and defend life and liberty, acquire and protect property, and pursue and obtain safety and happiness. It also establishes the principle that all political power is inherent in the people, and that the government is instituted for their protection, security, and benefit. The people of New Jersey have the right to alter or reform the government whenever the public good may require it.
Article I also contains a Victims' Bill of Rights, which ensures that victims of crimes are treated with fairness, compassion, and respect by the criminal justice system. They have the right to be present at public judicial proceedings, except when properly sequestered as witnesses. "Victim of a crime" includes individuals who have suffered physical or psychological injury or incurred loss/damage to property as a result of a crime, as well as specific family members in cases of criminal homicide.
Additionally, Article I reinforces the right to religious freedom, stating that no person shall be deprived of the privilege of worshipping Almighty God according to their conscience. It also protects against compulsory attendance at any place of worship contrary to one's faith and the obligation to pay taxes or rates for the maintenance of any church or place of worship not aligned with one's beliefs.
The rights outlined in Article I of the New Jersey Constitution reflect the state's commitment to safeguarding the fundamental freedoms and well-being of its citizens, while also mirroring and reinforcing the rights guaranteed by the United States Constitution.
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Article IV: Legislative
The Constitution of the State of New Jersey is the state's basic governing document. The state has been governed by three constitutions, with the current one adopted in 1947 and amended several times. The constitution outlines the legislative, executive, and judicial branches of the government.
Article IV of the New Jersey Constitution, also known as the "Legislative" article, establishes the legislative branch of the state government. It vests the legislative power in a Senate and General Assembly. The article sets out the qualifications for membership in the Senate and the General Assembly, including age, citizenship, residency, and suffrage requirements.
Article IV also addresses the internal operations of each house of the legislature. It grants each house the authority to judge the elections, returns, and qualifications of its members, with a majority constituting a quorum to conduct business. Each house can choose its officers, determine its rules of proceeding, and punish or expel its members for disorderly behaviour. Additionally, each house is required to maintain a journal of its proceedings and make it public.
Furthermore, Article IV includes provisions for filling vacancies in legislative positions. In the event of a vacancy, the county committee of the incumbent's political party is responsible for filling the position within 35 days, until a successor is elected or for the remainder of the term.
The article also grants the legislature certain powers, such as the ability to disclose information about sex offenders to the public and the authority to invalidate or prohibit rules or regulations implemented by state agencies.
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Article V: Executive
The Constitution of the State of New Jersey is the state's basic governing document. It has been amended several times since its adoption in 1947. The constitution outlines the powers of the executive branch, which are vested in the Governor.
Article V of the New Jersey Constitution outlines the role of the executive branch, specifically the powers and duties of the Governor. The Governor is responsible for ensuring that the laws of the state are faithfully executed. To this end, the Governor has the power to take legal action to enforce compliance with constitutional and legislative mandates by any officer, department, or agency of the state. The Governor is also tasked with communicating the state of the State to the Legislature at the opening of each regular session and recommending measures as they deem necessary. They may also convene the Legislature or the Senate alone whenever they believe it is in the public interest.
The Governor has the ability to appoint the Secretary of State and the Attorney General with the consent of the New Jersey Senate. However, they can appoint the Lieutenant Governor to serve as Secretary of State without senatorial consent. The Governor also has the power to appoint the Lieutenant Governor to head a principal department or other executive agency of the state government and to delegate duties to them. The Lieutenant Governor's salary, like that of the Governor, cannot be increased or decreased during their term of service.
The Governor may also initiate investigations into the conduct of officers and employees of the state, except for members, officers, or employees of the Legislature or those elected by the Senate and General Assembly. The Governor has the authority to appoint members of boards, commissions, or other bodies that head principal departments, with the advice and consent of the Senate. These appointments may be removed in the manner provided by law.
The New Jersey Constitution has been criticised for its disorganised succession plan, as seen following Governor Jim McGreevey's resignation in 2004, when Senate President Richard Codey assumed command and temporarily held power over both the executive and legislative branches.
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Article VI: Judicial
Article VI of the New Jersey Constitution is entitled 'Judicial' and consists of eight sections. The article establishes the Judicial branch, which is separate from the legislative and executive branches. It permits the establishment, alteration, and abolishment of any court other than the Supreme Court of New Jersey.
The New Jersey Constitution states that "judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction." The Supreme Court is New Jersey's appellate court of last resort. The Court consists of a Chief Justice and six associate justices, with five members constituting a quorum.
Article VI also outlines the role of the Superior Court, which is the intermediate appellate court. Appeals can be made to this court from the law and chancery divisions of the Superior Court, as well as in other cases provided by law. The trial divisions of the Superior Court are the principal trial courts of New Jersey and are located within the state's various judicial geographic units, called 'vicinages'. These courts are organised into two basic divisions: the Chancery Division and the Law Division.
The New Jersey Constitution, which was first adopted in 1776, has been amended several times. The current version was adopted in 1947 and outlines the basic rights and freedoms of the people, as well as the structure and powers of the state government.
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Frequently asked questions
There are 11 articles in the New Jersey Constitution.
Article I of the New Jersey Constitution is entitled "Rights and Privileges" and consists of a single section with 22 paragraphs.
Article III of the New Jersey Constitution is about the separation of powers and the distribution of the powers of government.
Article IV of the New Jersey Constitution involves amendments to the constitution, including the abolishment of the New Jersey Court of Errors and Appeals and Chancery.
Article VI of the New Jersey Constitution creates the Judicial branch and permits the establishment, alteration, and abolishment of any court other than the Supreme Court of New Jersey.
