Omar Bennett
The New Jersey Constitution is the state constitution of New Jersey and acts as the basic governing document of the state. The current New Jersey Constitution was adopted in 1947 or 1948 and has been amended several times since. The state constitution reinforces the basic rights found in the United States Constitution, such as freedom of speech, a speedy and public trial, and religious freedom, but also contains several unique provisions, such as regulations governing the operation of casinos. Amendments to the constitution are submitted through the Senate or General Assembly and are voted upon by both houses. If the amendment gathers at least three-fifths of the houses' vote, it is then submitted to the people of New Jersey to vote on.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| Current Constitution Adopted | 1947 or 1948 |
| Number of Amendments | 59 |
| Last Amendment | November 2, 2021 |
| Amendment Process | Potential amendment submitted through the Senate or General Assembly, voted on by both houses, and if passed with at least three-fifths majority, submitted to people of New Jersey to vote on |
| Amendment Requirements | Majority vote by people of New Jersey, followed by another majority vote in the next legislative year |
| Rights | Freedom of speech, speedy and public trial, religious freedom, Victims' Bill of Rights |
| Provisions | Regulations governing the operation of casinos, rules for recall elections, restrictions on debt |
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What You'll Learn
The process to amend the constitution
The State of New Jersey has had three constitutions, the first of which was adopted in 1776, shortly before New Jersey ratified the United States Declaration of Independence. The second came into effect in 1844, and the current constitution was adopted in 1947 or 1948 and has been amended several times.
Article IX of the New Jersey Constitution details the process to amend the constitution. A potential amendment is first submitted through the Senate or General Assembly. The amendment is then voted upon by both houses. If it gathers at least three-fifths of the vote in both the Senate and the General Assembly, the amendment is 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. The New Jersey Constitution provides two legislative methods for referring a constitutional amendment to the ballot:
- 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.
- 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.
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The role of the Senate and General Assembly
The New Jersey Constitution is the state's fundamental document, outlining its framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other provisions. The legislative power is vested in the Senate and General Assembly, which play a crucial role in amending the constitution.
The Senate and General Assembly are responsible for initiating the amendment process to the New Jersey Constitution. A potential amendment is submitted through either body, as outlined in Article IX, which pertains to amendments. The amendment is then voted on by both houses. If it achieves at least a three-fifths majority in both the Senate and the General Assembly, it proceeds to the next stage. This stage involves submitting the amendment to the people of New Jersey for a vote.
The Senate and General Assembly also have specific requirements for membership. Senators must be at least thirty years old and have been citizens and residents of the state for four years and of the district for one year before their election. Members of the General Assembly must be at least twenty-one years old and have been citizens and residents of the state for two years and of the district for one year preceding the election. Additionally, members of both houses must possess the right of suffrage to be eligible for membership.
Furthermore, each house is responsible for judging the elections, returns, and qualifications of its members. A majority of all its members constitutes a quorum to conduct business. However, a smaller number may adjourn from day to day and may compel the attendance of absent members, subject to the rules and penalties provided by each house.
The Senate and General Assembly, through their role in initiating and voting on amendments, help ensure that the New Jersey Constitution remains a living document that can adapt to the changing needs and values of the state's citizens.
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The people's right to vote
The Constitution of the State of New Jersey is the basic governing document of the State. The current constitution, adopted in 1947 or 1948, has been amended several times—59 times, to be precise. The constitution reinforces the basic rights found in the United States Constitution, including the right to vote, and contains several unique provisions, such as regulations governing the operation of casinos.
The right to vote is a fundamental principle in the New Jersey Constitution. Article I establishes the rights and freedoms inherent to the people and relevant to the operation of the government. These rights mirror those in the US Constitution, such as freedom of speech, a speedy and public trial, and religious freedom. The constitution also contains a Victims' Bill of Rights.
The right to vote has been a part of the constitution since its inception, though it has evolved over time. The first constitution, adopted in 1776, granted unmarried women and blacks who met property requirements the right to vote. The second constitution, adopted in 1844, restricted suffrage to white males. The current constitution, adopted in 1947, has been amended to include a more diverse electorate, reflecting the changing demographics and values of the state.
The people of New Jersey have the right to alter or reform their government whenever the public good may require it. This includes the power to recall any elected official in the state or representing the state in Congress after at least one year of service. A recall election can be triggered by a petition of at least 25% of registered voters in the electoral district of the official sought to be recalled.
The process for amending the constitution is outlined in Article IX, which is entitled "Amendments." A potential amendment is submitted through the Senate or General Assembly and is voted upon by both houses. If it gathers at least three-fifths of the vote in both houses, it can be submitted to the people of New Jersey to vote on. If a majority of the people vote in favour of the amendment, it is passed on the thirtieth day after the vote. Amendments do not require the governor's signature to be referred to the ballot.
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The constitution's unique provisions
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. The state constitution reinforces the basic rights found in the United States Constitution, but also contains several unique provisions.
One such provision is the regulation of the operation of casinos, which is a power not granted in the United States Constitution. The New Jersey Constitution also contains rules regarding the election and qualification of a successor to fill a vacancy in the office of Governor. The constitution establishes that the vacancy shall be filled within 35 days by the members of the county committee of the political party of which the incumbent was the nominee.
Another unique provision is the requirement that the legislature provide for a free public school system. This is not explicitly mentioned in the United States Constitution, although it may be implied by certain provisions. The New Jersey Constitution also grants the people the power to recall any elected official in the state or representing the state in the United States Congress after at least one year of service.
Furthermore, the New Jersey Constitution contains a Victims' Bill of Rights, which is a de facto enumeration of the rights of the common man. This is a unique feature that is not found in the United States Constitution.
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The history of amendments
The second New Jersey Constitution was adopted in 1844 and remained in effect until 1947. This constitution restricted suffrage to white males and separated the government's powers into judicial, legislative, and executive branches. It also granted the people, rather than the legislature, the power to elect the governor. The 1844 constitution was amended in 1875 to conform to the Fourteenth and Fifteenth Amendments and to mandate the establishment of a free public school system.
The current New Jersey Constitution was adopted in 1947 and has been amended several times. Notable amendments include the 1966 amendment to Article IV, Section I, paragraph 2, which pertains to membership requirements in the Senate and General Assembly; the 1978 amendment to Article VI, Section I, paragraph 1, regarding the composition and jurisdiction of the Supreme Court; and the 2006 amendment to Article V, Section I, paragraph 10, outlining the Governor's responsibilities in enforcing compliance with constitutional and legislative mandates.
The process for amending the New Jersey Constitution is outlined in Article IX, which requires potential amendments to be submitted through the Senate or General Assembly. The amendment must then be voted on by both houses, requiring at least three-fifths support for it to be submitted to the people of New Jersey for a vote. If a majority of the people approve the amendment, it is passed on the thirtieth day after the vote. This process can be achieved through two legislative methods: a 60% vote of both chambers during one legislative session, or a simple majority vote in each chamber during two successive legislative sessions.
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Frequently asked questions
New Jersey has had three state constitutions.
A potential amendment is submitted through the Senate or General Assembly. The amendment is then voted on by both houses. If it gathers at least three-fifths of the houses' vote, the amendment can be submitted to the people of New Jersey to vote on. If a majority votes for the amendment, it is passed on the thirtieth day after the vote.
The current New Jersey Constitution has been amended 59 times.
Its primary objective is to provide a basic governmental framework that preempts New Jersey's fall into anarchy.
The constitution was amended in 1875 to conform to the Fourteenth and Fifteenth Amendments. It was also amended to restrict the governor's power to fill a vacancy in the governorship.
