Omar Bennett
The New Jersey Constitution is the basic governing document of the State of New Jersey. The current version, adopted in 1947 or 1948, has been amended several times, most recently in 2021. The constitution mirrors many of the basic provisions of the United States Constitution, including an enumeration of rights, but also contains additional provisions such as rules governing the operation of casinos. While the document guarantees important rights to New Jerseyans, critics may argue that it is too long, and that some of its provisions are outdated or unnecessary.
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What You'll Learn
The constitution's religious tone
The preamble to the New Jersey Constitution, agreed upon in 1947, contains a religious tone. It reads:
> 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.
The religious tone in the New Jersey Constitution is not unusual or unique when compared to other state constitutions in the United States. Many other states also include religious references in their constitutions, reflecting the important role that religion has played in the history and development of the country. For example, the constitutions of several states, including Alabama, Arizona, and Arkansas, contain references to a "Supreme Being," "God," or "the Creator."
However, the inclusion of religious language in a governing document can be controversial. Some critics argue that it violates the separation of church and state, a principle enshrined in the United States Constitution. They contend that government documents, including state constitutions, should be secular and avoid any endorsement or promotion of religious beliefs.
In defence of the religious tone in the New Jersey Constitution, proponents may argue that it reflects the historical and cultural context in which the document was written. Additionally, they may assert that the references to God or a higher power are not intended to establish a specific religious doctrine but rather to acknowledge a higher authority that guarantees certain unalienable rights.
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Outdated holdover rights
The New Jersey Constitution, which outlines the state's framework for governance, has been criticised for retaining outdated "holdover rights" from the Revolutionary War era. These rights, which are similar to those in the US Bill of Rights, guarantee important protections to the people of New Jersey, but their historical context may no longer be applicable today.
One example of these holdover rights is the provision that "no person shall, after acquittal, be tried for the same offence". This right, protected by the New Jersey Constitution, ensures that individuals cannot be prosecuted twice for the same crime, a principle known as double jeopardy. While this right is fundamental to the concept of justice, its inclusion as a holdover right suggests that it may have been initially included out of fear of Britain during the Revolutionary War.
Another holdover right states that "no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in a manner prescribed by law". This right protects citizens from having their homes used to house soldiers without their consent, a concern that may have been more prevalent during the Revolutionary War. While this right is still important today, its origins lie in the specific historical context of the past.
These holdover rights are a unique aspect of the New Jersey Constitution, setting it apart from other state constitutions. They serve as a reminder of the state's history and the fears that shaped its early governance. While these rights are important protections for the people of New Jersey, their outdated nature may prompt discussions about whether they are still relevant or necessary in the modern era.
In conclusion, the New Jersey Constitution's retention of outdated holdover rights from the Revolutionary War era is a notable feature. While these rights guarantee significant protections, their historical context may no longer reflect the current needs and concerns of the state's citizens. As such, the constitution may benefit from amendments that address these outdated provisions and ensure the document remains relevant and responsive to the evolving needs of New Jersey's governance.
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Lack of clarity on vacancy protocol
The New Jersey Constitution has faced criticism for its lack of clarity on vacancy protocols, particularly in the event of a vacancy in the office of the Governor. This ambiguity has led to confusion and uncertainty in the past.
Before the constitution was amended, the line of succession was not clearly defined, resulting in a situation where the President of the New Jersey Senate would fill the vacancy of the Governor while retaining their Senate seat. This created a potential conflict of interest and a concentration of power in a single individual.
The current constitution, adopted in 1947, has been amended several times, including provisions for the succession of future governors. However, the specific procedures for addressing vacancies in other offices remain unclear. This lack of clarity can create challenges when vacancies occur, leading to potential disputes and uncertainties in the governance of the state.
To address this issue, it has been suggested that the constitution should be further amended to include comprehensive and explicit protocols for filling vacancies in various offices. This would ensure a clear and consistent process, reducing the potential for confusion and conflict.
By outlining specific procedures for different scenarios, such as resignations, deaths, or impeachments, the constitution would provide a reliable framework for managing vacancies. This would strengthen the governance structure and enhance the state's ability to navigate transitional periods effectively.
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Limited independence of the judiciary
The New Jersey Constitution, while providing for a separate branch of government for the judiciary, falls short of ensuring its complete independence from the other branches, particularly the executive. This is due to several factors, including the process of appointing judges and the potential influence of the governor and the state Senate. The New Jersey Constitution does not provide for a fully independent judicial appointment process. The governor plays a significant role in appointing judges to the state's courts. While the governor's choices must be confirmed by the state Senate, this process can still lead to potential political influence in the selection of judges. The governor may appoint individuals who share their political ideologies or who they believe will rule in a manner favourable to their administration. This can undermine the independence of the judiciary, as judges may feel pressure to rule in a way that aligns with the executive branch's interests, rather than interpreting the law impartially.
Additionally, the New Jersey Constitution does not provide a clear and consistent process for removing judges from office. While it outlines methods for addressing judicial misconduct or incapacity, the processes involve the governor and the state legislature, again opening the door for political influence. For example, the governor can appoint a review committee to investigate a judge's conduct, but this committee's members may be chosen based on political affiliations or loyalties, potentially biasing the outcome. The legislature also has the power to impeach judges, which, while a necessary check on the judiciary, can be abused if used for political gain or to remove judges who rule against the interests of the legislative majority.
The financial dependence of the judiciary on the other branches of government is another concern. The New Jersey Constitution does not grant the judiciary independent financial authority. Instead, the state legislature controls the judiciary's budget, which can lead to underfunding or the use of funding as a tool to influence the judiciary. If the judiciary advocates for certain legislative changes or rules in a manner that displeases the legislature, there is a risk of budgetary retaliation, which could hinder the effective administration of justice. This financial dependence undermines the separation of powers and can indirectly influence judicial decision-making, as judges may be mindful of the potential repercussions of their rulings on the court's resources.
Furthermore, the New Jersey Constitution's provisions for judicial salary adjustments are problematic. While it provides for a Commission on Judicial Compensation, which is responsible for recommending salary adjustments for judges, the process for implementing these adjustments is cumbersome and subject to political interference. The commission's recommendations must be approved by the governor and the legislature, again creating opportunities for political influence and potential retaliation if the judiciary acts in a manner that displeases the other branches of government. This can lead to judges' salaries failing to keep pace with economic changes, impacting the attractiveness of judicial positions and potentially leading to issues with attracting and retaining talented individuals to serve in the judiciary.
To address these issues, amendments to the New Jersey Constitution could be proposed to ensure a more independent judiciary. This could include establishing a non-political, merit-based judicial appointment process, with a diverse and impartial commission responsible for selecting judges based on predefined criteria. Additionally, a clearer and more independent process for judicial removal, focused on misconduct and incapacity, would enhance judicial independence. Providing the judiciary with financial autonomy, including control over its budget and the ability to set and adjust salaries independently, would further strengthen its independence. These changes would help ensure that the New Jersey judiciary can operate impartially, free from undue political influence, and uphold the principle of separation of powers.
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Ineffective checks and balances
The New Jersey Constitution, currently in its third iteration, was adopted in 1947 and has been amended several times. It is the state's fundamental document, outlining its governance framework, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
One criticism of the New Jersey Constitution is the perceived ineffective checks and balances it establishes. The constitution grants the Governor significant powers, including the ability to appoint the Secretary of State and the Attorney General, with the consent of the New Jersey Senate. However, the Governor can appoint the Lieutenant Governor to serve as Secretary of State without Senate approval. The Governor also has the authority to initiate inquiries into the conduct of officers and employees.
The constitution establishes the three branches of government: executive, judicial, and legislative. It prohibits individuals from holding positions in more than one branch unless explicitly allowed by the constitution. The judicial branch is headed by the Supreme Court of New Jersey, which serves as the state's appellate court of last resort. The constitution also establishes the bicameral New Jersey Legislature, consisting of the Senate and the General Assembly.
The Apportionment Commission, created within the Legislature, is responsible for modifying legislative districts following each US Census. The Commission is composed of 13 members, 12 of whom are appointed, while the 13th is chosen by the other members and serves as chairman. If the Commission fails to reach a decision, it submits two options to the New Jersey Supreme Court, which selects the plan that best conforms to the US Constitution and laws.
The New Jersey Constitution also includes provisions that reinforce the rights of individuals, such as the right to be present at public judicial proceedings for victims of crimes. However, critics may argue that the constitution's checks and balances could be strengthened to better balance the powers of the different branches of government and protect the rights of citizens.
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Frequently asked questions
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. The current constitution, which has been amended several times, was adopted in 1947 or 1948 and has 11 articles.
The New Jersey Constitution has been criticised for its length, with 26,159 words, it is slightly shorter than the average American state constitution. Additionally, it contains outdated provisions, such as rights left over from the fear of Britain during the Revolutionary War.
The New Jersey Constitution contains several unique provisions, including regulations governing the operation of casinos. It also establishes the bicameral New Jersey Legislature, composed of 40 senators and 80 members of the General Assembly.
The current New Jersey Constitution has been amended 59 times, with the most recent amendment being approved by voters on November 2, 2021.
The New Jersey Constitution consists of several key articles, including Article II, which lays out dates for elections, and Article V, which establishes the executive branch and outlines the roles and responsibilities of the governor.
