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The Constitution of the State of New Jersey is the highest law of the state. In addition to three Royal Charters issued for East Jersey , West Jersey and the united New Jersey while a British colony, there have been three constitutions of New Jersey. One was issued in 1776 shortly after New Jersey signed the United States Declaration Of Independence , one was issued in 1884, and the current constitution was issued in 1947. ORIGINAL CONSTITUTION ( 1776 ) The first constitution was adopted in 1776 and, amongst other things granted women and blacks who met property requirements the Right To Vote . SECOND CONSTITUTION ( 1844 ) The later constitution revised the voting requirements to only white males, amongst other things. This had been law since 1807. CURRENT CONSTITUTION ( 1947 ) Strangely, various provisions usually kept in other sections or unified in one section in most state constitutions are spread throughout the New Jersey Constitution. For example, the provision banning '' Ex Post Facto '' laws, usually found in the enumeration of rights, is put in section VII. Article I Article I, as is usual for constitutions, deals with the rights and freedoms inherent people and relevant operation of the government. Among these rights and freedoms include the ability to recall elected officials and representatives, religious freedom, freedom of speech/writing/publishing, and the right to a speedy and public trial. It also contains a Victims' Bill Of Rights . Article II Article II sets up the basic rules for Election s. Section I Section I involves dates for elections of the Governor , the Lieutenant Governor , and members of the Legislature . It also involves the qualifications necessary for voting. It requires that all voters are at least of 18 years of age. The right of suffrage may also be removed from certain convicted criminals. Section I of Article II also covers how voting and Absentee Ballot s are run, as well as voting during wartime by a person in Military service.
Section II Section II specifies in the existence of the New Jersey Redistricting Commission after each United States Census and lists distribution of selection of its 13 members, all of which are to represent the "geographic, ethnic and racial diversity" of the state:
The method of appointment ensures the party which lost the general election prior to the census will have the upper hand in redistricting the state. Any vote on a proposed districting plan must be public, with one days notice, and done by roll call. Any "yes" vote by a Commissioner will retroactively invalidate any previous "yes" votes by them. Again, if one plan can't meet the required majority of votes, the two closest plans are sent to the state's supreme court with the criteria this time being "conform {Link without Title} most closely to the requirements of the Constitution and laws of the United States.". (Item 3) In addition to public access at its voting sessions, the Commission must meet publicly at least three different times in three different parts of the state (Item 4), which shall be open to the public. All other meetings of the Commission ''may'' be closed (Item 5). The Legislature is also required to ensure that the Commission doesn't fail by lack of funding (Item 6). In addition to its role in solving disputes within the Commission, the supreme court is also given original Jurisdiction involving challenges to the Commission (Item 7). Once the final plan is approved, the districts are to remain inviolate until the next Census year (Item 8). Finally, if the approved plan is declared illegal (By who isn't gone into, likely the supreme state court or a Federal court), the Commission is to reconvene and repeat the process until it works (Item 9). The section also deals with the nitty gritty of how and when they'll meet, the amount of time to go various things, etc. It was added in 1995. Article III The sole content of Article III is the statement to the usual effect of Separation Of Powers (There are three branches, no one can be affiliated with more then one unless the Constitution somehow explicitly allows it. Before the constitution was amended, a vacancy in the Governor Of New Jersey would be filled by the president of the New Jersey Senate , who would retain their Senate seat). Article IV Article IV sets up the New Jersey Legislature with 8 sections: Section I Section I gives the names of houses of the legislature ( Senate and General Assembly ), the requirements for office (30 years old and state Citizen for 4 years for the Senate, 21 years old and state citizen for 2 years for the Assembly, and yearlong resident of the electoral district for both), and the convocation and naming of the Legislature's term (All legislatures are convened and disbanded on the second Tuesday in January , with each legislature lasting for two legislative years). Also, if an Absolute Majority of both houses request it, the Governor must call them into special session. He can also do this by himself if he feels the urge. Section II Section II defines the number of legislators (40 in the Senate (Paragraph 1), and 80 in the General Assembly (Paragraph 3)) and their apportionment amongst the state. Section III Section III creates the Apportionment Commission within the Legislature to modify the apportionment of Legislative District s on a rolling basis, following every United States Census . Section IV Section IV sets the limits and roles of the Senate and General Assembly. This includes the judging of elections, the selection of officers, a journal of proceedings, and the inability to adjourn for a period of greater than three days without the consent of the other house. Section V Section V sets the boundaries for becoming members of the Legislature. It also allows the Legislature to appoint commissions, committees, and other bodies to help perform the functions of the Legislature. No members of the Legislature, underneath this section, can hold any Federal or State position, and also cannot be a judge. Section VI Section VI discusses bills, agencies, subdivisions, and emergencies. Section VII Section VII contains the negative Enumeration of the legislatures powers: What it is explicitly precluded from doing. The list involves:
Section VIII Section VIII includes the Oath / Affirmation that is required by members and officers of the Legislature before the person enters upon his/her duties. Article V Article V of the New Jersey Constitution deals with the executive branch (Constitutionally just the Governor ). Section I Section I deals with the election of a governor and who Succeeds them when they are out of it for lengths of time. It also details how a bill can be presented to a governor. Section II The Governor is given total authority over clemency except in cases of Impeachment (So if he gets impeached he can't pardon himself) or Treason . His clemency powers extend to the ability to suspend and remit fines and forfeitures. A commission or other body may be established by law to aid and advise the Governor in the exercise of executive clemency. The system of granting parole is provided by law. Section III Section III deals with the " Militia " (Now the National Guard ) and how it can be organized. The Governor nominates and appoints all generals and "flag officers" of the militia. Section IV Section IV involves executive and administrative offices, departments, and instrumentalities of the State government, which are all under the supervision of the Governor. The Governor has the ability to appoint the Secretary Of State and the Attorney General with the consent of the New Jersey Senate , though he also can appoint the Lieutenant Governor to serve as Secretary of State without consent of the Senate. He can also start inquiries into the conduct of officers and employees. Article VI Article VI involves the Judicial branch of the New Jersey State Government. Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Article VII Article VII involves the public officers and employees, including appointment/nomination, compensation, promotions, affirmations, and powers. Section I Section I involves the role of officers in the state government. Before the officer enters upon the duties of office, the officer must subscribe an Oath . Appointments for officers is based upon merit, fitness, and Examination s. Fees are paid to the Treasury Of The State . The term of office for an officer commences on the day of the date of their commissions. The State Auditor is to be appointed by the New Jersey Senate and New Jersey General Assembly for five years. The rest of the section details the duties of the State Auditor. Section II Section II involves county Prosecutor s, county clerks, Surrogate s, and Sheriff s. County prosecutors are nominated and appointed by the Governor. The term of office for county clerks and surrogates is five years, and of sheriffs three years. Section III Section III involves Impeachment and the process by which impeachment occurs: No state employee may be impeached until they've served in office for two years (Item 1). Following that, the impeachment process is very similar to that at the Federal level: an absolute majority in the lower house against them causes a trial to take place in the upper house with the Chief Justice presiding. Unlike the Federal process, the oath is specified and requires the senators to "truly and impartially" address the charge as a reminder that they are exercising more judicial functions. Once there though, two thirds, or 27 votes, in favor will convict, however the President of the Senate is excluded from the trial, so the required percentage is slightly higher then two thirds of 40 (Item 2). Finally the maximum penalty that can be imposed is removal from office with disqualification to hold further state office. However the impeachment doesn't count towards the restriction on . He's found out. The legislature impeaches him and removes him from office. After that he may (And likely will be) indicted for Electoral Fraud and if convicted, but be significantly restricted from future involvement with politics. Article VIII Article VIII deals with taxation and finance. The article explains how the tax system works and other financial issues. Section I Section II Section III Section IV Section V Article IX Article IX involves making amendments to the New Jersey state constitution. All amendments are submitted through the Senate or General Assembly. The amendment is then voted upon by the houses, and if it is voted upon by at least 3/5 of the house, then the amendment is to be submitted to be voted upon by the people of New Jersey. If a majority votes for the amendment, the amendment is passed on the thirtieth day after the vote. It also explains the amendments are submitted to the people: all amendments are to be voted upon separately. Article X .]] Article X contains involves miscellaneous final addenda (Officially "general provisions"). Namely: Giving the name of the official seal of the state (The Great Seal Of The State Of New Jersey ) and its custodian (The Governor), but doesn't give its design or mention the flag; the salutation and protocol in creating letters of grants and commissions; a requirement that criminal indictments be "against the Peace Of This State, The Government And Dignity Of The Same ; technicality notice that generic words derived from "person" and pronouns be construed to mean females as well; and finally states that the constitution goes into effect the First Day of 1948 . Article XI - Schedule Article XI, the "schedule", is the list of amendments to the Constitution in order of their addition. Sections I through IV were adopted with the rest of the constitution, the others following after as individual amendments. Most of the text in these sections is the "transitory" text which provides how to move from the previous setup to the new one, with the relevant section of the constitution update at the same time to provide for the new process. Section I As with the first part of most schedules of state constitutions, the first section of Article XI provides for the orderly adoption of the new constitution over the 1844 one. It officially superseceds the old one and orders the Legislature to pass all laws necessary to fully activate the new constitution. Existing instruments of government still have power unless they expired or are superseded, altered, or repealed and all contracts and judgements continue under the old constitution to prevent application as an ''ex post facto]''law or violation of the Contract Clause , both prohibited by the Federal Constitution . Section II Section Two provides for the 1st election of the first Legislature under the new Constitution. Mostly it deals with how to set up the Senatorial terms and their rotation. It also provides that for the first new legislature, its members may be appointed to offices of government, likely new ones created at the behest of Article XI Section I Paragraph 2. Section III Similar to the previous two sections, Section 3 provides for previous Constitutional Officer s and civil and marshal office and commission holders to continue in office under the new constitution. Section IV Section 4 modifies the Judiciary by abolishing the old Court Of Errors And Appeals and Chancery courts, transferring the cases before them and offices under them to other courts, such as the New Jersey Supreme Court , and sets term limits on the Justices (70 years old). Section V Section 5 deals with the requirement of the Federal Supreme Court that the apportionment of all state legislatures be by population. It mainly consists of an interim list of districts and the number of Senators they can elect until the next United States Census comes around and is received by the Governor. It also contains provisions for apportioning districts of the lower house by a 10 man board and how that board is to be appointed (5 each from the two biggest poltical party "State chairmen"). If it is deadlocked, the Chief Justice of the New Jersey Supreme Court will appoint an 11th and then the vote is by absolute majority. It was passed on election day, 1966 . This was superceded in 1995 by Article II, Section II above. Section VI Section 6 abolishes all county courts and provides for the apparatus and cases of them to be absorbed into the Superior Court(s). It took effect on December 7 th, 1978 . Section VII Section 7 was passed in a referendum on November 8 2005 , came into force on January 17 2006 , and takes full effect at Noon , January 19 , 2010 (When the term of the governor or his successor elected in 2005 lapses). Its basic function is to create a Lieutenant Governor and modify the line of succession to include it. Most of the text of the amendment deals with the Interim between the enaction date of the amendment and the date of the inauguration of the first Lieutenant Governor. Prior to this amendment, if there was a prolonged vancancy in Drumthwacket the President of the Senate could legally excersice both legislative and executive powers for prolonged lengths of time, as Richard Codey did. It also codifes the succession process a little further, as previously the Attorney General was on the shortlist (See John Farmer Jr. ). =Operation from January 17, 2006 to January 19, 2010 Until January 19, 2010, when the first elected Lieutenant Governor takes office with the new Governor, the President of the Senate and Speaker of the General Assembly are still the first and second in the line of succession; however, if they accept the office, they are automatically removed from their seats in the Legislature. If the Governor does leave office before that date for some reason, a new governor will be elected at the next election to the Legislature, unless two other conditions occur: If the vacancy occurred within 60 days of the election, the governor's election is postponed to the next election, and if the vacancy occurs in the year 2009 , which is the year of the normal gubernatorial election, the normal election is held and the governor's office remains vacant for the duration. If there is no Governor for one reason or another, the office and all that attends it will fall to the head of the upper house, then the lower house, then on down the list which is enacted by normal law and not specified in the Constitution. They then attend the office of Governor until a Governor or Lieutenant Governor legally occurs who then immediately takes office. Finally if either house had elected more than one head and if only one is of the same political party as removed Governor, they are the one to succeed. =Following January 19, 2010 After the interim ends, the process is largely the same, except that there's now a Lieutenant Governor in the line of succession, and the separation between the Legislature and Executive office is kept. EXTERNAL LINKS |
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