Omar Bennett
The New Jersey State Constitution has been amended several times since its adoption in 1947. The state's constitution outlines the basic rights and freedoms of its people and the relevant operation of the government. The constitution was first drafted in 1776, and since then, New Jersey has been governed by three constitutions. The constitution was amended in 1875 to conform with the Fourteenth and Fifteenth Amendments. In 1966, a constitutional convention created a state legislature with 40 coterminous legislative districts, each represented by one state senator and two state assembly members. The constitution was also amended in 2005 to create the position of Lieutenant Governor. Other notable amendments include those made to Article IV, Section IV, Paragraph 1 in 1988, and Article V, Section I, Paragraph 10 in 2006.
| Characteristics | Values |
|---|---|
| First constitution | July 2, 1776 |
| First amendment | September 20, 1777 |
| Second constitution | June 29, 1844 |
| First amendment to second constitution | 1875 |
| Third constitution | 1947 |
| Amendments to third constitution | 1966, 1978, 1988, 2005, 2006 |
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What You'll Learn
The first New Jersey Constitution was adopted in 1776
The first New Jersey Constitution was adopted on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence. The constitution was drafted in just five days and ratified two days later. It was designed to provide a basic governmental framework to prevent New Jersey from falling into anarchy following the collapse of royal authority and to maintain civil order.
The 1776 constitution included provisions that granted suffrage rights to unmarried women and African Americans who met the requirements of possessing sufficient assets or property as "freeholders". The legislature was elected each year and selected the state's governor. Notably, the constitution did not specify an amendment procedure, and it was replaced entirely in a constitutional convention in 1844.
The 1844 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 ability to elect the governor. This constitution was amended several times, including in 1875 to conform to the Fourteenth and Fifteenth Amendments.
The current New Jersey Constitution was adopted in 1947 and has been amended multiple times since then. It reinforces the basic rights found in the United States Constitution while also containing unique provisions, such as regulations governing the operation of casinos. The process for amending the constitution involves submitting potential amendments through the Senate or General Assembly, followed by votes in both houses and by the people of New Jersey.
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The constitution was amended in 1844 to restrict suffrage to white males
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. The first was adopted on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence. The second came into effect in 1844 and was amended to restrict suffrage to white males.
The 1844 constitution was a successor to the first constitution, which had served as the charter document for the state's government for 68 years. The 1844 constitution restricted suffrage to white males, separated the government's powers into judicial, legislative, and executive branches, and granted the people (rather than the legislature) the ability to elect a governor. It also formally limited state debt, a precursor to modern "debt ceiling" clauses.
The 1844 amendment was not the first time New Jersey had restricted voting rights. In 1807, the New Jersey legislature passed the Electoral Reform Law, which abolished the property requirement and restricted the franchise to white male taxpayers. This change was later enshrined in the 1844 constitution. Interestingly, between 1776 and 1807, unmarried women who owned property in New Jersey were allowed to vote.
The New Jersey Constitution has been amended several times since its adoption in 1947. The process of amending the constitution is outlined in Article IX. A potential amendment is submitted through the Senate or General Assembly and is voted on by both houses. If it receives a majority vote, it is submitted to the people of New Jersey for a vote. If a majority of voters approve, the amendment is passed.
The New Jersey Constitution also contains provisions that mirror the Constitution of the United States, such as freedom of speech, the right to a speedy and public trial, and religious freedom. It also includes unique provisions, such as regulations governing the operation of casinos.
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Amendments to the constitution in 1875
The Constitution of the State of New Jersey has been amended several times. The state's constitution was amended in 1875, mainly to conform to the Fourteenth and Fifteenth Amendments.
The Fourteenth Amendment
The Fourteenth Amendment to the US Constitution was ratified in 1868 and granted citizenship to "all persons born or naturalized in the United States." It also guaranteed certain civil rights and due process protections to all citizens. The Fourteenth Amendment eliminated the three-fifths rule in Article I, Sec. 2, cl. 3, and punished any state that did not permit male citizens twenty-one years old or older to vote by reducing the state’s proportional representation.
The Fifteenth Amendment
The Fifteenth Amendment to the US Constitution, ratified in 1870, prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." This amendment was particularly significant in extending voting rights to African Americans following the Civil War.
The Civil Rights Act of 1875
The Civil Rights Act of 1875 was a landmark piece of federal legislation that guaranteed equal rights in public accommodations and prohibited discrimination based on race. The Act was introduced by Radical Republican senator Charles Sumner of Massachusetts in 1870 and became law on March 1, 1875. The Act stated that:
> "all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude."
However, in 1883, the US Supreme Court ruled that the Civil Rights Act of 1875 was unconstitutional, asserting that it was not authorized by the Thirteenth or Fourteenth Amendments of the Constitution.
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The constitution was amended in 1947 and several times after
The Constitution of New Jersey has been amended several times since its adoption in 1947. The state's constitution is the basic governing document of New Jersey, and it reinforces the fundamental rights outlined in the United States Constitution while also containing unique provisions, such as regulations for casino operations.
The constitution was amended in 1966 to address the issue of legislative district apportionment following the Supreme Court's ruling that the state's method of electing state senators by county boundaries violated the "one-man, one-vote" doctrine of the Federal Constitution's 14th Amendment. This amendment established a state legislature with 40 coterminous legislative districts, each represented by one state senator and two state assembly members. Additionally, Article IV, Section I, Paragraph 2 of the constitution was amended effective December 8, 1966, specifying the age, citizenship, residency, and suffrage requirements for membership in the Senate and General Assembly.
In 2005, the constitution underwent another significant amendment, creating the position of Lieutenant Governor and modifying the order of succession in the event of a vacancy in the governor's office. This amendment addressed the political controversy surrounding the separation of executive and legislative powers, which had been an issue since the resignations of governors in 2001 and 2004.
Other amendments to the New Jersey Constitution include changes to Article VI, Section I, Paragraph 1, which took effect on December 7, 1978, and Article V, Section I, Paragraph 10, which was amended on January 17, 2006. Article IV, Section IV, Paragraph 1 was also amended on December 8, 1988, along with Article X, which contains miscellaneous final addenda.
The process of amending the New Jersey Constitution is outlined in Article IX. It involves submitting potential amendments through the Senate or General Assembly, followed by votes in both houses. If an amendment receives at least three-fifths majority in both houses, it proceeds to a vote by the people of New Jersey. If a majority of voters approve, the amendment returns for another vote in the legislative year, and if passed again, it becomes part of the state's constitution.
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The process of amending the constitution
The State of New Jersey has been governed by three constitutions. The first was adopted on July 2, 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 and has been amended several times.
Article IV of the constitution establishes the bicameral New Jersey Legislature, which consists of 40 members in the Senate and 80 in the General Assembly. This article also outlines the requirements for holding office and the roles of each house. Amendments to this article were made in 1966, 1988, and 2006.
The constitution also includes a Victims' Bill of Rights, which grants victims of crimes certain rights and remedies, such as the right to be present at public judicial proceedings.
Other notable amendments to the constitution include the requirement for the legislature to provide a free public school system and the abolishment of the New Jersey Court of Errors and Appeals and Chancery, with cases being transferred to other courts, such as the New Jersey Supreme Court.
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Frequently asked questions
The New Jersey Constitution was first amended on September 20, 1777, when the words "colony" and "colonies" were replaced with "state" and "states".
The most recent amendment to the New Jersey Constitution was in 2006, to Article V, Section I, paragraph 10.
In 1988, Article IV, Section IV, paragraph 1 was amended to establish that each house shall be the judge of the elections, returns, and qualifications of its members.
In 1966, a constitutional convention created a state legislature with 40 coterminous legislative districts represented by one state senator and two state assembly members.
