The New Jersey State Constitution: A Reference Guide
by Robert F. Williams
Rutgers University Press, 1997
Paper: 978-0-8135-2499-3 | eISBN: 978-0-8135-5954-4
Library of Congress Classification KFN2201 1947.A6W55 1997
Dewey Decimal Classification 342.74902
Paper: 978-0-8135-2499-3 | eISBN: 978-0-8135-5954-4
Library of Congress Classification KFN2201 1947.A6W55 1997
Dewey Decimal Classification 342.74902
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | TOC
ABOUT THIS BOOK
This comprehensive reference guide provides an in-depth study of New Jersey's constitution.
The year 1997 marks the fiftieth anniversary of New Jerseys wellregarded state constitution. State constitutions, although the highest source of law within a state, are not well understood by citizens, government officials, historians, political scientists, lawyers, or even judges.
This book is the first single volume to combine a detailed review of New Jersey's constitutional history and analysis of each section of the current constitution. It is the standard work on New Jersey constitutional development and law. Divided into two parts, the book first covers the historical development of the constitutions of 1776, 1844, the Constitutional Commission of 1873, and the current constitution written in 1947. It then traces the origins and major judicial interpretations of each section of the present-day constitution. It concludes with an exhaustive bibliographical essay which organizes the most complete listing of primary and secondary sources to date.
The year 1997 marks the fiftieth anniversary of New Jerseys wellregarded state constitution. State constitutions, although the highest source of law within a state, are not well understood by citizens, government officials, historians, political scientists, lawyers, or even judges.
This book is the first single volume to combine a detailed review of New Jersey's constitutional history and analysis of each section of the current constitution. It is the standard work on New Jersey constitutional development and law. Divided into two parts, the book first covers the historical development of the constitutions of 1776, 1844, the Constitutional Commission of 1873, and the current constitution written in 1947. It then traces the origins and major judicial interpretations of each section of the present-day constitution. It concludes with an exhaustive bibliographical essay which organizes the most complete listing of primary and secondary sources to date.
AUTHOR BIOGRAPHY
ROBERT F. WILLIAMS is Distinguished Professor of Law at Rutgers University, Camden.
TABLE OF CONTENTS
Foreword by Richard J. Hughes
1997 Update and Commentary
Introduction
PART I. THE CONSTITUTIONAL HISTORY OF NEW JERSEY
Constitution of 1776
Constitution of 1844
The 1873 Constitutional Commission
Constitutional Change from 1875 to 1940
The 1947 Constitution
Constitutional Developments from 1947
Conclusion
PART II. NEW JERSEY CONSTITUTION AND COMMENTARY
Preamble
Article I: Rights and Privileges
Paragraph 1. Natural and Unalienable Rights
Paragraph 2. Political Power; Object of Government
Paragraph 3. Rights of Conscience; Religious Freedom
Paragraph 4. Establishment of Religious Sect; Religious or Racial Test for Public Office
Paragraph 5. Denial of Rights; Discrimination; Segregation
Paragraph 6. Liberty of Speech and of the Press; Libel; Province of Jury
Paragraph 7. Freedom from Unreasonable Searches and Seizures; Warrant
Paragraph 8. Presentment or Indictment of Grand Jury; Necessity; Exceptions
Paragraph 9. Trial by Jury; Jury of Six Persons; Verdict in Civil Causes; Trial of Mental Incompetency without Jury
Paragraph 10. Rights of Persons Accused of Crime
Paragraph 11. Double Jeopardy; Bail
Paragraph 12. Excessive Bail or Fines; Cruel and Unusual Punishments
Paragraph 13. Imprisonment for Debt or Militia Fine
Paragraph 14. Habeas Corpus
Paragraph 15. Military Subordinate to Civil Power
Paragraph 16. Quartering of Soldiers
Paragraph 17. Treason
Paragraph 18. Right of Assembly and Petition
Paragraph 19. Persons in Private Employment; Right to Organize; Collective Bargaining; Public Employees
Paragraph 20. Private Property for Public Use
Paragraph 21. Saving Clause
Article II: Elections and Suffrage
Paragraph 1. General Elections
Paragraph 2. Public Questions; General Election; Publication
Paragraph 3. Entitlement to Vote; Registration
Paragraph 4. Voting by Members of Armed Services
Paragraph 5. Military Service Not Considered Residence
Paragraph 6. Idiots or Insane May Not Vote
Paragraph 7. Laws May Deprive Criminals of RIght to Vote; Restoration\
Article III: Distribution of the Powers of Government
Paragraph 1. Three Branches; Seperation of Powers
Article IV: Legislative
Section I. Legislature
Paragraph 1. Legislative Power
Paragraph 2. Eligibility for Senate and General Assembly
Paragraph 3. Legislative Term; Sessions
Paragraph 4. Special Sessions; Governor's Call
Section II. Composition of Senate and General Assembly
Paragraph 1. Number of Senators; Districts
Paragraph 2. Election of Senators; Term
Paragraph 3. Number of General Assembly Members; Districts
Paragraph 4. Election of Members of General Assembly; Term
Section III. Appointment
Paragraph 1. Apportionment Commission
Paragraph 2. Apportionment Commission; Extra Member Appointed By Chief Justice
Paragraph 3. Apportionment to Remain Until Next Decennial Census
Section IV. Legislative Rules and Procedure; Comprensation
Paragraph 1. Vacancies
Paragraph 2. Each House to Judge its Own Members; Quorum; Absent Members
Paragraph 3. Officers; Rules of Procedure; Punishment for Members
Paragraph 4. Journals
Paragraph 5. Adjournments
Paragraph 6. Bills and Joint Resolutions; Reading; Majority Vote Recorded in Journal
Paragraph 7. Compensation; No Other Allowance or Emoluments
Paragraph 8. Compensation; No Increase or Decrease Until After Next Election
Paragraph 9. Immunity of Members
Section V. Members of Legislature
Paragraph 1. No Member to Take Position Created, or for Which Emoluments Increased, During Term of Election
Paragraph 2. Commission to Assist in Legislative Functions
Paragraph 3. Member's Seat to Become Vacant Upon Assuming Federal or State Office
Paragraph 4. Federal or State Officers, and Judges, Not Entitled to Seat in Legislature
Paragraph 5. No Legislative Appointment of Executive or Judicial Officers; State Auditor
Section VI. Laws Authorized
Paragraph 1. Revenue Measures to Originate in General Assembly
Paragraph 2. Legislature May Authorize Municipal Zoning
Paragraph 3. Eminent Domain
Paragraph 4. Emergency Powers
Section VII. Laws Prohibited; Form of Laws
Paragraph 1. No Legislative Divorce
Paragraph 2. Laws Authorizing Gambling Prohibited; Exceptions
Paragraph 3. No Bills of Attainder, Ex Post Facto Laws, Impairment of Contracts or Deprivation of Contractual Remedies
Paragraph 4. Laws to Embrace But One Object, Expressed In Title; Exception
Paragraph 5. Amendment or Revival of Laws
Paragraph 6. Enacting Clause
Paragraph 7. General Laws
Paragraph 8. Private, Special or Local Laws; Notice
Paragraph 9. Prohibited Private, Special or Local Laws
Paragraph 10. Municipal or County Petition for Passage of Local Law; Adoption of Law by Ordinance or Vote of Electors
Paragraph 11. Liberal Construction of Local Government Powers
Section VIII. Legislative Oath
Paragraph 1. Oath of Legislative Members
Paragraph 2. Oath of Legislative Officers
Article V: Executive
Section I. Governor
Paragraph 1. Executive Power Vested in Governor
Paragraph 2. Eligibility for Governor
Paragraph 3. Federal and Other State Officers Ineligible; Acceptance of Other Office to Vacate Seat
Paragraph 4. Election
Paragraph 5. Term; Limitation to Two Successive Terms
Paragraph 6. Vacancy; Devolution of Powers
Paragraph 7. Failure to Qualify, Absence or Inability to Discharge Duties; Devolution of Powers
Paragraph 8. Vacancy; Limitation on Failure to Qualify, Absence or Inability to Discharge Duties
Paragraph 9. Election to Fill Unexpired Term
Paragraph 10. Salary; No Increase or Decrease During Term
Paragraph 11. Faithful Execution of Laws; Enforcement Powers
Paragraph 12. Powers and Duties
Paragraph 13. Power to Fill Vacancies By Appointment
Paragraph 14. Veto Power; Procedure
Paragraph 15. Item Veto for Appropriation Bills
Section II. Pardon and Parole
Paragraph 1. Pardon Power
Paragraph 2. Parole System Established by Law
Section III: Militia
Paragraph 1. Militia to Be Established by Law
Paragraph 2. Appointment of Militia Officers
Section IV. Executive Branch
Paragraph 1. Limitation on Number of Executive Departments
Paragraph 2. Governor to Supervise and Appoint Heads of Executive Departments
Paragraph 3. Secretary of State and Attorney General Nominated by Governor; Advice and Consent of Senate; Term
Paragraph 4. Departments Headed by Boards; Appointment by Governor
Paragraph 5. Governor May Investigate State Officers or Employees; Require Written Statements; Removal
Paragraph 6. Executive Regulations To Be Filed and Published
Article VI: Judicial
Section I. Judicial Power
Paragraph 1. Judicial Power and Creation of Courts
Section II. Supreme Court
Paragraph 1. Justices of Supreme Court; Quorum; Temporary Assignments
Paragraph 2. Appellate Jurisdiction
Paragraph 3. Rules of Administration of Courts, Practice and Procedure; Admission and Discipline of Lawyers
Section III. Superior Court
Paragraph 1. Judges of Superior Court
Paragraph 2. Original General Jurisdiction
Paragraph 3. Divisions; Appellate, Law and Chancery
Paragraph 4. Law and Chancery Division to Have Powers of the Other to Completely Resolve Controversies
Section IV. County Courts (Repealed)
Section V. Jurisdiction
Paragraph 1. Appellate Jurisdiction of Supreme Court
Paragraph 2. Appellate Jurisdiction of Superior Court
Paragraph 3. Original Jurisdiction of Supreme Court and Appellate Division
Paragraph 4. Actions in Lieu of Prerogative Writs
Section VI. Appointment of Judges
Paragraph 1. Governor to Appoint; Advice and Consent of Senate
Paragraph 2. Qualifications
Paragraph 3. Term; Reappointment; Retirement; Pensions
Paragraph 4. Impeachment; Removed from Office
Paragraph 5. Incapacitation of Judges; Retirement
Paragraph 6. Salaries Not to Be Diminished
Paragraph 7. Judges Shall Hold No Other Office
Section VII. Administration of Courts
Paragraph 1. Chief Justice Administrative Head; Administrativce Director
Paragraph 2. Chief Justice to Assign and Transfer Judges
Paragraph 3. Clerks of Supreme Court and Superior Court
Article VII. Public Officers and Employees
Section I. State Offices
Paragraph 1. Oath
Paragraph 2. Civil Service
Paragraph 3. Compensation
Paragraph 4. Bond May Be Required
Paragraph 5. Terms of Office
Paragraph 6. State Auditor; Appointment by Senate and General Assembly; Duties
Section II. County Officers
Paragraph 1. County Prosecutors
Paragraph 2. County Clerks, Surrogates and Sheriffs
Section III. Impeachment
Paragraph 1. Officers Liable to Impeachment
Paragraph 2. Impeachment; Procedure
Paragraph 3. Judgment of Impeachment
Article VIII. Taxation and Finance
Section I. Tax Assessment, Exemptions, and Deductions
Paragraph 1. Uniform Rules for Property Assessment; Agricultural Exception
Paragraph 2. Exemptions By General Laws
Paragraph 3. Deduction for Military Service; Surviving Spouse
Paragraph 4. Deduction for Senior Citizens
Paragraph 5. Homestead Rebate or Credit
Paragraph 6. Laws Permitting Municipalities to Grant Abatements or Exceptions Authorized
Paragraph 7. Personal Income Tax Dedicated to Reducing Property Taxes
Section II. Debt and Appropriations
Paragraph 1. State Credit Not To Be Loaned
Paragraph 2. Appropriations to Be Provided by Law; Single Annual Appropriation Bill; Balanced Budget
Paragraph 3. Limit on State Debt
Paragraph 4. Dedication of Portion of Motor Fuel Tax
Section III. Local Government Debt
Paragraph 1. Urban Redevelopment a Public Purpose; Tax Exemption
Paragraph 2. Local Government Credit Not to be Loaned
Paragraph 3. No Donation or Appropriation By State or Local Government to Private Entities
Section IV. Public Schools
Paragraph 1. Thorough and Efficient Free Public Schools
Paragraph 2. Fund for Support of Free Public Schools
Paragraph 3. Transportation
Section V. Riparian Lands
Paragraph 1. Limitation on State Claims to Riparian Lands
Article IX. Amendments
Paragraph 1. Procedure for Legislative Proposal
Paragraph 2. Vote to Be Recorded in Journal
Paragraph 3. Publication Prior to Vote
Paragraph 4. Vote at General Election
Paragraph 5. Separate and Distinct Vote on Each Amendment
Paragraph 6. Approval by Voters; Effective Date
Paragraph 7. Limitation on Resubmission to Voters of Rejected Amendments
Aritlce X: General Provisions
Paragraph 1. Seal of the State
Paragraph 2. Grants and Commissions
Paragraph 3. Writs
Paragraph 4. Personal Pronouns Include Both Sexes
Paragraph 5. Effective Date of Constitution
Article XI: Schedule
Notes to Part II
Bibliographical Essay
Table of Cases
Index
1997 Update and Commentary
Introduction
PART I. THE CONSTITUTIONAL HISTORY OF NEW JERSEY
Constitution of 1776
Constitution of 1844
The 1873 Constitutional Commission
Constitutional Change from 1875 to 1940
The 1947 Constitution
Constitutional Developments from 1947
Conclusion
PART II. NEW JERSEY CONSTITUTION AND COMMENTARY
Preamble
Article I: Rights and Privileges
Paragraph 1. Natural and Unalienable Rights
Paragraph 2. Political Power; Object of Government
Paragraph 3. Rights of Conscience; Religious Freedom
Paragraph 4. Establishment of Religious Sect; Religious or Racial Test for Public Office
Paragraph 5. Denial of Rights; Discrimination; Segregation
Paragraph 6. Liberty of Speech and of the Press; Libel; Province of Jury
Paragraph 7. Freedom from Unreasonable Searches and Seizures; Warrant
Paragraph 8. Presentment or Indictment of Grand Jury; Necessity; Exceptions
Paragraph 9. Trial by Jury; Jury of Six Persons; Verdict in Civil Causes; Trial of Mental Incompetency without Jury
Paragraph 10. Rights of Persons Accused of Crime
Paragraph 11. Double Jeopardy; Bail
Paragraph 12. Excessive Bail or Fines; Cruel and Unusual Punishments
Paragraph 13. Imprisonment for Debt or Militia Fine
Paragraph 14. Habeas Corpus
Paragraph 15. Military Subordinate to Civil Power
Paragraph 16. Quartering of Soldiers
Paragraph 17. Treason
Paragraph 18. Right of Assembly and Petition
Paragraph 19. Persons in Private Employment; Right to Organize; Collective Bargaining; Public Employees
Paragraph 20. Private Property for Public Use
Paragraph 21. Saving Clause
Article II: Elections and Suffrage
Paragraph 1. General Elections
Paragraph 2. Public Questions; General Election; Publication
Paragraph 3. Entitlement to Vote; Registration
Paragraph 4. Voting by Members of Armed Services
Paragraph 5. Military Service Not Considered Residence
Paragraph 6. Idiots or Insane May Not Vote
Paragraph 7. Laws May Deprive Criminals of RIght to Vote; Restoration\
Article III: Distribution of the Powers of Government
Paragraph 1. Three Branches; Seperation of Powers
Article IV: Legislative
Section I. Legislature
Paragraph 1. Legislative Power
Paragraph 2. Eligibility for Senate and General Assembly
Paragraph 3. Legislative Term; Sessions
Paragraph 4. Special Sessions; Governor's Call
Section II. Composition of Senate and General Assembly
Paragraph 1. Number of Senators; Districts
Paragraph 2. Election of Senators; Term
Paragraph 3. Number of General Assembly Members; Districts
Paragraph 4. Election of Members of General Assembly; Term
Section III. Appointment
Paragraph 1. Apportionment Commission
Paragraph 2. Apportionment Commission; Extra Member Appointed By Chief Justice
Paragraph 3. Apportionment to Remain Until Next Decennial Census
Section IV. Legislative Rules and Procedure; Comprensation
Paragraph 1. Vacancies
Paragraph 2. Each House to Judge its Own Members; Quorum; Absent Members
Paragraph 3. Officers; Rules of Procedure; Punishment for Members
Paragraph 4. Journals
Paragraph 5. Adjournments
Paragraph 6. Bills and Joint Resolutions; Reading; Majority Vote Recorded in Journal
Paragraph 7. Compensation; No Other Allowance or Emoluments
Paragraph 8. Compensation; No Increase or Decrease Until After Next Election
Paragraph 9. Immunity of Members
Section V. Members of Legislature
Paragraph 1. No Member to Take Position Created, or for Which Emoluments Increased, During Term of Election
Paragraph 2. Commission to Assist in Legislative Functions
Paragraph 3. Member's Seat to Become Vacant Upon Assuming Federal or State Office
Paragraph 4. Federal or State Officers, and Judges, Not Entitled to Seat in Legislature
Paragraph 5. No Legislative Appointment of Executive or Judicial Officers; State Auditor
Section VI. Laws Authorized
Paragraph 1. Revenue Measures to Originate in General Assembly
Paragraph 2. Legislature May Authorize Municipal Zoning
Paragraph 3. Eminent Domain
Paragraph 4. Emergency Powers
Section VII. Laws Prohibited; Form of Laws
Paragraph 1. No Legislative Divorce
Paragraph 2. Laws Authorizing Gambling Prohibited; Exceptions
Paragraph 3. No Bills of Attainder, Ex Post Facto Laws, Impairment of Contracts or Deprivation of Contractual Remedies
Paragraph 4. Laws to Embrace But One Object, Expressed In Title; Exception
Paragraph 5. Amendment or Revival of Laws
Paragraph 6. Enacting Clause
Paragraph 7. General Laws
Paragraph 8. Private, Special or Local Laws; Notice
Paragraph 9. Prohibited Private, Special or Local Laws
Paragraph 10. Municipal or County Petition for Passage of Local Law; Adoption of Law by Ordinance or Vote of Electors
Paragraph 11. Liberal Construction of Local Government Powers
Section VIII. Legislative Oath
Paragraph 1. Oath of Legislative Members
Paragraph 2. Oath of Legislative Officers
Article V: Executive
Section I. Governor
Paragraph 1. Executive Power Vested in Governor
Paragraph 2. Eligibility for Governor
Paragraph 3. Federal and Other State Officers Ineligible; Acceptance of Other Office to Vacate Seat
Paragraph 4. Election
Paragraph 5. Term; Limitation to Two Successive Terms
Paragraph 6. Vacancy; Devolution of Powers
Paragraph 7. Failure to Qualify, Absence or Inability to Discharge Duties; Devolution of Powers
Paragraph 8. Vacancy; Limitation on Failure to Qualify, Absence or Inability to Discharge Duties
Paragraph 9. Election to Fill Unexpired Term
Paragraph 10. Salary; No Increase or Decrease During Term
Paragraph 11. Faithful Execution of Laws; Enforcement Powers
Paragraph 12. Powers and Duties
Paragraph 13. Power to Fill Vacancies By Appointment
Paragraph 14. Veto Power; Procedure
Paragraph 15. Item Veto for Appropriation Bills
Section II. Pardon and Parole
Paragraph 1. Pardon Power
Paragraph 2. Parole System Established by Law
Section III: Militia
Paragraph 1. Militia to Be Established by Law
Paragraph 2. Appointment of Militia Officers
Section IV. Executive Branch
Paragraph 1. Limitation on Number of Executive Departments
Paragraph 2. Governor to Supervise and Appoint Heads of Executive Departments
Paragraph 3. Secretary of State and Attorney General Nominated by Governor; Advice and Consent of Senate; Term
Paragraph 4. Departments Headed by Boards; Appointment by Governor
Paragraph 5. Governor May Investigate State Officers or Employees; Require Written Statements; Removal
Paragraph 6. Executive Regulations To Be Filed and Published
Article VI: Judicial
Section I. Judicial Power
Paragraph 1. Judicial Power and Creation of Courts
Section II. Supreme Court
Paragraph 1. Justices of Supreme Court; Quorum; Temporary Assignments
Paragraph 2. Appellate Jurisdiction
Paragraph 3. Rules of Administration of Courts, Practice and Procedure; Admission and Discipline of Lawyers
Section III. Superior Court
Paragraph 1. Judges of Superior Court
Paragraph 2. Original General Jurisdiction
Paragraph 3. Divisions; Appellate, Law and Chancery
Paragraph 4. Law and Chancery Division to Have Powers of the Other to Completely Resolve Controversies
Section IV. County Courts (Repealed)
Section V. Jurisdiction
Paragraph 1. Appellate Jurisdiction of Supreme Court
Paragraph 2. Appellate Jurisdiction of Superior Court
Paragraph 3. Original Jurisdiction of Supreme Court and Appellate Division
Paragraph 4. Actions in Lieu of Prerogative Writs
Section VI. Appointment of Judges
Paragraph 1. Governor to Appoint; Advice and Consent of Senate
Paragraph 2. Qualifications
Paragraph 3. Term; Reappointment; Retirement; Pensions
Paragraph 4. Impeachment; Removed from Office
Paragraph 5. Incapacitation of Judges; Retirement
Paragraph 6. Salaries Not to Be Diminished
Paragraph 7. Judges Shall Hold No Other Office
Section VII. Administration of Courts
Paragraph 1. Chief Justice Administrative Head; Administrativce Director
Paragraph 2. Chief Justice to Assign and Transfer Judges
Paragraph 3. Clerks of Supreme Court and Superior Court
Article VII. Public Officers and Employees
Section I. State Offices
Paragraph 1. Oath
Paragraph 2. Civil Service
Paragraph 3. Compensation
Paragraph 4. Bond May Be Required
Paragraph 5. Terms of Office
Paragraph 6. State Auditor; Appointment by Senate and General Assembly; Duties
Section II. County Officers
Paragraph 1. County Prosecutors
Paragraph 2. County Clerks, Surrogates and Sheriffs
Section III. Impeachment
Paragraph 1. Officers Liable to Impeachment
Paragraph 2. Impeachment; Procedure
Paragraph 3. Judgment of Impeachment
Article VIII. Taxation and Finance
Section I. Tax Assessment, Exemptions, and Deductions
Paragraph 1. Uniform Rules for Property Assessment; Agricultural Exception
Paragraph 2. Exemptions By General Laws
Paragraph 3. Deduction for Military Service; Surviving Spouse
Paragraph 4. Deduction for Senior Citizens
Paragraph 5. Homestead Rebate or Credit
Paragraph 6. Laws Permitting Municipalities to Grant Abatements or Exceptions Authorized
Paragraph 7. Personal Income Tax Dedicated to Reducing Property Taxes
Section II. Debt and Appropriations
Paragraph 1. State Credit Not To Be Loaned
Paragraph 2. Appropriations to Be Provided by Law; Single Annual Appropriation Bill; Balanced Budget
Paragraph 3. Limit on State Debt
Paragraph 4. Dedication of Portion of Motor Fuel Tax
Section III. Local Government Debt
Paragraph 1. Urban Redevelopment a Public Purpose; Tax Exemption
Paragraph 2. Local Government Credit Not to be Loaned
Paragraph 3. No Donation or Appropriation By State or Local Government to Private Entities
Section IV. Public Schools
Paragraph 1. Thorough and Efficient Free Public Schools
Paragraph 2. Fund for Support of Free Public Schools
Paragraph 3. Transportation
Section V. Riparian Lands
Paragraph 1. Limitation on State Claims to Riparian Lands
Article IX. Amendments
Paragraph 1. Procedure for Legislative Proposal
Paragraph 2. Vote to Be Recorded in Journal
Paragraph 3. Publication Prior to Vote
Paragraph 4. Vote at General Election
Paragraph 5. Separate and Distinct Vote on Each Amendment
Paragraph 6. Approval by Voters; Effective Date
Paragraph 7. Limitation on Resubmission to Voters of Rejected Amendments
Aritlce X: General Provisions
Paragraph 1. Seal of the State
Paragraph 2. Grants and Commissions
Paragraph 3. Writs
Paragraph 4. Personal Pronouns Include Both Sexes
Paragraph 5. Effective Date of Constitution
Article XI: Schedule
Notes to Part II
Bibliographical Essay
Table of Cases
Index
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