New Jersey State Constitution

ROBERT F. WILLIAMS is Distinguished Professor of Law at Rutgers University, Camden.

• Foreword by Richard J. Hughes1997 Update and CommentaryIntroductionPART I. THE CONSTITUTIONAL HISTORY OF NEW JERSEYConstitution of 1776Constitution of 1844The 1873 ​Constitutional Commission​Constitutional Change from 1875 to 1940The 1947 ​Constitution​Constitutional Developments from 1947ConclusionPART II. NEW JERSEY ​CONSTITUTION AND COMMENTARYPreambleArticle I: Rights and PrivilegesParagraph 1. Natural and Unalienable RightsParagraph 2. Political Power; Object of GovernmentParagraph 3. Rights of Conscience; Religious FreedomParagraph 4. Establishment of Religious Sect; Religious or Racial Test for Public OfficeParagraph 5. Denial of Rights; Discrimination; SegregationParagraph 6. Liberty of Speech and of the Press; Libel; Province of JuryParagraph 7. Freedom from Unreasonable Searches and Seizures; WarrantParagraph 8. Presentment or Indictment of Grand Jury; Necessity; ExceptionsParagraph 9. Trial by Jury; Jury of Six Persons; Verdict in Civil Causes; Trial of Mental Incompetency without JuryParagraph 10. Rights of Persons Accused of CrimeParagraph 11. Double Jeopardy; BailParagraph 12. Excessive Bail or Fines; Cruel and Unusual PunishmentsParagraph 13. Imprisonment for Debt or Militia FineParagraph 14. Habeas CorpusParagraph 15. Military Subordinate to Civil PowerParagraph 16. Quartering of Soldiers Paragraph 17. TreasonParagraph 18. Right of Assembly and PetitionParagraph 19. Persons in Private Employment; Right to Organize; Collective Bargaining; Public EmployeesParagraph 20. Private Property for Public UseParagraph 21. Saving ClauseArticle II: Elections and SuffrageParagraph 1. General ElectionsParagraph 2. Public Questions; General Election; PublicationParagraph 3. Entitlement to Vote; RegistrationParagraph 4. Voting by Members of Armed ServicesParagraph 5. Military Service Not Considered ResidenceParagraph 6. Idiots or Insane May Not VoteParagraph 7. Laws May Deprive Criminals of RIght to Vote; Restoration\Article III: Distribution of the Powers of GovernmentParagraph 1. Three Branches; Seperation of PowersArticle IV: LegislativeSection I. LegislatureParagraph 1. Legislative PowerParagraph 2. Eligibility for Senate and General AssemblyParagraph 3. Legislative Term; SessionsParagraph 4. Special Sessions; Governor's CallSection II. Composition of Senate and General AssemblyParagraph 1. Number of Senators; DistrictsParagraph 2. Election of Senators; TermParagraph 3. Number of General Assembly Members; DistrictsParagraph 4. Election of Members of General Assembly; TermSection III. Appointment Paragraph 1. Apportionment CommissionParagraph 2.  Apportionment Commission; Extra Member Appointed By Chief JusticeParagraph 3. Apportionment to Remain Until Next Decennial CensusSection IV. Legislative Rules and Procedure; ComprensationParagraph 1. VacanciesParagraph 2. Each House to Judge its Own Members; Quorum; Absent MembersParagraph 3. Officers; Rules of Procedure; Punishment for MembersParagraph 4. JournalsParagraph 5. AdjournmentsParagraph 6. Bills and Joint Resolutions; Reading; Majority Vote Recorded in JournalParagraph 7. Compensation; No Other Allowance or EmolumentsParagraph 8. Compensation; No Increase or Decrease Until After Next ElectionParagraph 9. Immunity of MembersSection V. Members of LegislatureParagraph 1. No Member to Take Position Created, or for Which Emoluments Increased, During Term of ElectionParagraph 2. Commission to Assist in Legislative FunctionsParagraph 3. Member's Seat to Become Vacant Upon Assuming Federal or State OfficeParagraph 4. Federal or State Officers, and Judges, Not Entitled to Seat in LegislatureParagraph 5. No Legislative Appointment of Executive or Judicial Officers; State AuditorSection VI. Laws AuthorizedParagraph 1. Revenue Measures to Originate in General AssemblyParagraph 2. Legislature May Authorize Municipal ZoningParagraph 3. Eminent DomainParagraph 4. Emergency PowersSection VII. Laws Prohibited; Form of LawsParagraph 1. No Legislative DivorceParagraph 2. Laws Authorizing Gambling Prohibited; ExceptionsParagraph 3. No Bills of Attainder, Ex Post Facto Laws, Impairment of Contracts or Deprivation of Contractual RemediesParagraph 4. Laws to Embrace But One Object, Expressed In Title; ExceptionParagraph 5. Amendment or Revival of LawsParagraph 6. Enacting ClauseParagraph 7. General LawsParagraph 8. Private, Special or Local Laws; NoticeParagraph 9. Prohibited Private, Special or Local LawsParagraph 10. Municipal or County Petition for Passage of Local Law; Adoption of Law by Ordinance or Vote of ElectorsParagraph 11. Liberal Construction of Local Government PowersSection VIII. Legislative OathParagraph 1. Oath of Legislative MembersParagraph 2. Oath of Legislative OfficersArticle V: ExecutiveSection I. GovernorParagraph 1. Executive Power Vested in GovernorParagraph 2. Eligibility for GovernorParagraph 3. Federal and Other State Officers Ineligible; Acceptance of Other Office to Vacate SeatParagraph 4. ElectionParagraph 5. Term; Limitation to Two Successive TermsParagraph 6. Vacancy; Devolution of PowersParagraph 7. Failure to Qualify, Absence or Inability to Discharge Duties; Devolution of PowersParagraph 8. Vacancy; Limitation on Failure to Qualify, Absence or Inability to Discharge DutiesParagraph 9. Election to Fill Unexpired TermParagraph 10. Salary; No Increase or Decrease During TermParagraph 11. Faithful Execution of Laws; Enforcement PowersParagraph 12. Powers and DutiesParagraph 13. Power to Fill Vacancies By AppointmentParagraph 14. Veto Power; ProcedureParagraph 15. Item Veto for Appropriation BillsSection II. Pardon and ParoleParagraph 1. Pardon PowerParagraph 2. Parole System Established by LawSection III: MilitiaParagraph 1. Militia to Be Established by LawParagraph 2. Appointment of Militia OfficersSection IV. Executive BranchParagraph 1. Limitation on Number of Executive DepartmentsParagraph 2. Governor to Supervise and Appoint Heads of Executive DepartmentsParagraph 3. Secretary of State and Attorney General Nominated by Governor; Advice and Consent of Senate; TermParagraph 4. Departments Headed by Boards; Appointment by GovernorParagraph 5. Governor May Investigate State Officers or Employees; Require Written Statements; RemovalParagraph 6. Executive Regulations To Be Filed and PublishedArticle VI: JudicialSection I. Judicial PowerParagraph 1. Judicial Power and Creation of CourtsSection II. Supreme CourtParagraph 1. Justices of Supreme Court; Quorum; Temporary AssignmentsParagraph 2. Appellate JurisdictionParagraph 3. Rules of Administration of Courts, Practice and Procedure; Admission and Discipline of LawyersSection III. Superior CourtParagraph 1. Judges of Superior CourtParagraph 2. Original General JurisdictionParagraph 3. Divisions; Appellate, Law and ChanceryParagraph 4. Law and Chancery Division to Have Powers of the Other to Completely Resolve ControversiesSection IV. County Courts (Repealed)Section V. JurisdictionParagraph 1. Appellate Jurisdiction of Supreme CourtParagraph 2. Appellate Jurisdiction of Superior CourtParagraph 3. Original Jurisdiction of Supreme Court and Appellate DivisionParagraph 4. Actions in Lieu of Prerogative WritsSection VI. Appointment of JudgesParagraph 1. Governor to Appoint; Advice and Consent of SenateParagraph 2. QualificationsParagraph 3. Term; Reappointment; Retirement; PensionsParagraph 4. Impeachment; Removed from OfficeParagraph 5. Incapacitation of Judges; RetirementParagraph 6. Salaries Not to Be DiminishedParagraph 7. Judges Shall Hold No Other OfficeSection VII. Administration of CourtsParagraph 1. Chief Justice Administrative Head; Administrativce DirectorParagraph 2. Chief Justice to Assign and Transfer JudgesParagraph 3. Clerks of Supreme Court and Superior CourtArticle VII. Public Officers and EmployeesSection I. State OfficesParagraph 1. OathParagraph 2. Civil ServiceParagraph 3. CompensationParagraph 4. Bond May Be RequiredParagraph 5. Terms of OfficeParagraph 6. State Auditor; Appointment by Senate and General Assembly; DutiesSection II. County OfficersParagraph 1. County ProsecutorsParagraph 2. County Clerks, Surrogates and SheriffsSection III. Impeachment Paragraph 1. Officers Liable to ImpeachmentParagraph 2. Impeachment; ProcedureParagraph 3. Judgment of ImpeachmentArticle VIII. Taxation and FinanceSection I. Tax Assessment, Exemptions, and DeductionsParagraph 1. Uniform Rules for Property Assessment; Agricultural ExceptionParagraph 2. Exemptions By General LawsParagraph 3. Deduction for Military Service; Surviving SpouseParagraph 4. Deduction for Senior CitizensParagraph 5. Homestead Rebate or CreditParagraph 6. Laws Permitting Municipalities to Grant Abatements or Exceptions AuthorizedParagraph 7. Personal Income Tax Dedicated to Reducing Property TaxesSection II. Debt and Appropriations Paragraph 1. State Credit Not To Be LoanedParagraph 2. Appropriations to Be Provided by Law; Single Annual Appropriation Bill; Balanced BudgetParagraph 3. Limit on State DebtParagraph 4. Dedication of Portion of Motor Fuel TaxSection III. Local Government DebtParagraph 1. Urban Redevelopment a Public Purpose; Tax ExemptionParagraph 2. Local Government Credit Not to be LoanedParagraph 3. No Donation or Appropriation By State or Local Government to Private EntitiesSection IV. Public SchoolsParagraph 1. Thorough and Efficient Free Public SchoolsParagraph 2. Fund for Support of Free Public SchoolsParagraph 3. TransportationSection V. Riparian LandsParagraph 1. Limitation on State Claims to Riparian LandsArticle IX. AmendmentsParagraph 1. Procedure for Legislative ProposalParagraph 2. Vote to Be Recorded in JournalParagraph 3. Publication Prior to VoteParagraph 4. Vote at General ElectionParagraph 5. Separate and Distinct Vote on Each AmendmentParagraph 6. Approval by Voters; Effective DateParagraph 7. Limitation on Resubmission to Voters of Rejected AmendmentsAritlce X: General ProvisionsParagraph 1. Seal of the StateParagraph 2. Grants and CommissionsParagraph 3. WritsParagraph 4. Personal Pronouns Include Both SexesParagraph 5. Effective Date of ConstitutionArticle XI: Schedule Notes to Part IIBibliographical EssayTable of Cases Index