Omar Bennett
The New Jersey State Constitution has been amended several times since its inception, with the most recent changes occurring in 2005. The opening section of the constitution, Article I, is entitled Rights and Privileges and establishes the rights and freedoms of the people, including freedom of speech, the right to a speedy and public trial, and religious freedom. It also contains a Victims' Bill of Rights, which outlines the rights of victims in the criminal justice system. The constitution begins with a preamble that acknowledges the state's gratitude to Almighty God for civil and religious liberty.
| Characteristics | Values |
|---|---|
| Name | Constitution of New Jersey |
| Date of Effect | 1 January 1948 |
| Article I | Rights and Privileges |
| Article II | Elections and Suffrage |
| Article III | Distribution of Powers of Government |
| Article IV | Legislative |
| Article V | Executive |
| Article VI | Judicial |
| Article VII | Public Officers and Employees |
| Article VIII | Taxation and Finance |
| Article IX | N/A |
| Article X | N/A |
| Article XI | Schedule |
| Article XII | N/A |
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What You'll Learn
Article I: Rights and Privileges
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 to individuals and the relevant operation of the government. The rights discussed in this article largely mirror the United States Constitution, including freedom of speech, freedom of religion, and the right to a speedy and public trial.
Article I also contains a Victims' Bill of Rights, which outlines the rights of victims of crimes. One of the key paragraphs within Article I, Paragraph 21, states: "This enumeration of rights shall not be construed to impair or deny others retained by the people." This paragraph emphasizes that the listed rights are not exhaustive and that individuals retain other rights not specifically mentioned.
The New Jersey Constitution, established by the people of the state, aims to secure and transmit civil and religious liberty to succeeding generations. The constitution recognizes the importance of these freedoms and seeks to protect them. The rights and privileges outlined in Article I form the foundation of individual liberties and serve as a framework for the government's functions.
Article I, as is customary in constitutions, safeguards the rights and freedoms of individuals. It ensures that the government operates within defined boundaries, respecting and upholding the inherent rights of its citizens. This article empowers individuals and holds the government accountable to protect and promote these rights.
The constitution's opening section, including Article I, sets the tone and principles upon which the rest of the document is built. It reflects the values and beliefs of the people of New Jersey, emphasizing their commitment to civil and religious liberty, individual rights, and the role of government in preserving these freedoms.
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Article II: Elections and Suffrage
Article II of the New Jersey Constitution is entitled "Elections and Suffrage" and consists of two sections. It outlines the dates for elections of the Governor, Lieutenant Governor, and members of the New Jersey Legislature. It also establishes the qualifications necessary for voting and stipulates that certain convicted criminals may be stripped of their right to vote.
The Constitution of New Jersey, like most constitutions, begins with a statement of rights and freedoms. Article I, entitled "Rights and Privileges," establishes the rights and freedoms of the people and the government's role. These rights mirror those in the United States Constitution, including freedom of speech, the right to a speedy and public trial, and religious freedom. Additionally, Article I includes a Victims' Bill of Rights, ensuring justice and protection for victims of crimes.
Article II, "Elections and Suffrage," builds upon these rights by outlining the electoral process and voter qualifications. It ensures that the people of New Jersey have a say in choosing their representatives and governing bodies. This article also addresses the removal of suffrage rights for certain convicted criminals, balancing the rights of citizens with the need for accountability and upholding the law.
The New Jersey Constitution has faced criticism for its disorganized succession plan. In 2004, when Governor Jim McGreevey resigned, Senate President Richard Codey assumed command, temporarily holding both executive and legislative powers. This situation led to the passage of an amendment to prevent the executive and legislative branches from conflating in the future.
The Constitution also includes provisions for various branches of government. Article III, "Distribution of Powers of Government," establishes the separation of powers into executive, judicial, and legislative branches. Article IV, "Legislative," establishes the bicameral New Jersey Legislature, while Article V, "Executive," focuses on the executive branch and outlines terms of office, gubernatorial elections, and succession plans.
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Article III: Distribution of Powers
Article III of the New Jersey Constitution is focused on the distribution of powers. The constitution separates the government's powers into three distinct branches: the legislative, executive, and judicial.
The legislative power is vested in a Senate and General Assembly. The Senate has specific requirements for membership, including a minimum age of thirty years, four years of citizenship and residency in the state, and one year of residency in the district for which the member is elected. The General Assembly has similar requirements, with a minimum age of twenty-one years and two years of citizenship and residency in the state.
No individual can be affiliated with more than one branch unless explicitly allowed by the Constitution. This separation of powers ensures that no person or group of persons belonging to one branch can exercise the powers of another branch without proper authorisation.
The people of New Jersey are granted the ability to elect a governor, and the constitution also includes provisions to formally limit state debt. The distribution of powers outlined in Article III aims to secure and maintain the civil and religious liberties enjoyed by the people of New Jersey.
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Article IV: Legislative
Article IV of the New Jersey Constitution is entitled "Legislative" and consists of eight sections. It establishes the bicameral New Jersey Legislature.
Article IV, Section VII, Paragraph 12 of the New Jersey Constitution, added effective December 7, 2000, addresses the disclosure of information pertaining to sex offenders. It states that it is lawful for the Legislature to authorize the disclosure of details such as the identity, whereabouts, physical characteristics, and criminal history of individuals found to have committed sex offences. The scope, manner, and format of this disclosure are to be determined by the terms of the authorizing law.
Article IV also includes provisions for members of the Legislature to take an oath or affirmation before assuming their duties. This oath affirms their support for the Constitutions of the United States and New Jersey, and their commitment to faithfully discharge their legislative responsibilities.
The New Jersey Constitution, in Article I, establishes rights and freedoms for its people, including freedom of speech, the right to a speedy and public trial, and religious freedom. It also contains a Victims' Bill of Rights, emphasizing the rights retained by the people.
Additionally, the Constitution provides a legislative process for amending the state constitution. There are two methods for the legislature to refer a constitutional amendment to the ballot. The first method requires a 60% vote of both chambers during a single legislative session, amounting to a minimum of 48 votes in the New Jersey General Assembly and 24 votes in the New Jersey State Senate.
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Article V: Executive
Article V of the New Jersey Constitution is entitled "Executive" and consists of four sections. It establishes the executive branch, which is constitutionally defined as the office of the governor. The article outlines the terms of office for the governor, the succession of future governors, and the process of gubernatorial elections.
The governor is responsible for ensuring that the laws of the state are faithfully executed. To this end, the governor has the power to enforce compliance with constitutional and legislative mandates and to restrain any violations thereof by state officers, departments, or agencies. However, this power does not extend to authorizing actions or proceedings against the legislature.
The governor is also tasked with communicating the condition of the state to the legislature at the opening of each regular session and recommending measures as deemed necessary. They may convene the legislature or the Senate alone whenever they believe it is in the public interest.
Article V also establishes the Lieutenant Governor, who shall perform such other duties as may be provided by law. The constitution has been amended over time, with Article V, Section I, Paragraph 10 amended effective January 17, 2006. The constitution outlines the process for amending the document, requiring a legislative process.
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Frequently asked questions
The opening section of the New Jersey Constitution is Article I, "Rights and Privileges".
Article I consists of one section with 23 paragraphs.
Article I establishes the rights and freedoms inherent to the people and the relevant operation of the government.
The rights discussed in Article I include freedom of speech, a speedy and public trial, and religious freedom. Article I also contains a Victims' Bill of Rights.
