Asked • 05/28/25

Understanding State Constitutions (NJ) - Summarizing Key Articles

Using a reputable online source, read and take notes on the New Jersey State Constitution.

Once you have read the constitution, write a synopsis about Articles I - XI, including what each Article is about and why it is important to the state.

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Samantha A.

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Article II - “Elections and Suffrage” Article II establishes the fundamental rules and rights regarding elections and voting in the state through setting the basic framework for democratic participation in New Jersey. Namely, this document defines who can vote, when elections are held, and how certain special circumstances (like military service) are handled in the voting process. Key points include: election timing (general elections are to be held annually on the first Tuesday after the first Monday in November, with provisions for altering this timing by law); statewide referendums (all questions submitted to the entire state's population must be voted on during general elections); voting eligibility (defines basic eligibility for voting, including: U.S. citizenship, age requirement of 21 years, state residency of one year and county residency of 5 months prior to the election); guidelines for military voters (protects voting rights of electors in military service during wartime, and allows for absentee voting by armed forces members); military residency clarification (military personnel stationed in New Jersey are not automatically considered state residents for voting purposes); and provisions for disenfranchisement (regarding criminals, Article II allows the Legislature to pass laws depriving convicted criminals of voting rights, with provisions for restoration of these rights upon pardon or other legal restoration). Article II - “Elections and Suffrage” Article II establishes the fundamental rules and rights regarding elections and voting in the state through setting the basic framework for democratic participation in New Jersey. Namely, this document defines who can vote, when elections are held, and how certain special circumstances (like military service) are handled in the voting process. Key points include: election timing (general elections are to be held annually on the first Tuesday after the first Monday in November, with provisions for altering this timing by law); statewide referendums (all questions submitted to the entire state's population must be voted on during general elections); voting eligibility (defines basic eligibility for voting, including: U.S. citizenship, age requirement of 21 years, state residency of one year and county residency of 5 months prior to the election); guidelines for military voters (protects voting rights of electors in military service during wartime, and allows for absentee voting by armed forces members); military residency clarification (military personnel stationed in New Jersey are not automatically considered state residents for voting purposes); and provisions for disenfranchisement (regarding criminals, Article II allows the Legislature to pass laws depriving convicted criminals of voting rights, with provisions for restoration of these rights upon pardon or other legal restoration).
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05/28/25

Samantha A.

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Article III - Distribution of the Powers of Government Article III establishes the structure of the state government, emphasizing the distinct separation of powers between the legislative, executive and judicial branches, and the use of checks and balances to prevent any single part of the government from becoming too powerful over the others.
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Samantha A.

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Article IV - Legislative Article IV forms the basis for the operation of New Jersey's legislative branch, defining its structure, powers, and limitations. It is divided into eight sections, each addressing different aspects of the legislature: Section I: General Provisions Establishes a bicameral legislature with a Senate and General Assembly. Sets eligibility requirements for legislators (age, citizenship, residency). Specifies the annual commencement of the legislative year. Provides for special sessions called by the Governor. Section II: Senate Composition One Senator from each county, elected for four-year terms. Senators elected in two classes, with half elected biennially. Section III: General Assembly Composition Members elected biennially from counties based on population. Maximum of 60 members, with each county guaranteed at least one. Apportionment adjusted after each U.S. census. Section IV: Legislative Procedures Filling of vacancies in the legislature. Each house as judge of its members' qualifications. Selection of officers and rules for each house. Requirements for keeping and publishing journals. Procedures for passing bills, including three readings and emergency measures. Compensation and privileges of legislators. Section V: Restrictions on Legislators Prohibits appointment to certain offices during term. Allows legislative appointment to supportive commissions. Vacates seat if legislator becomes a member of Congress or takes certain offices. Restricts certain officeholders from being legislators. Limits legislature's power to appoint executive or judicial officers. Section VI: Legislative Powers Revenue bills must originate in the General Assembly. Grants power to enact zoning laws. Allows for eminent domain with just compensation. Section VII: Limitations on Legislative Power Prohibits legislative divorces. Restricts authorization of gambling. Prohibits certain types of laws (e.g., ex post facto laws). Requires laws to embrace only one object. Sets rules for amending or reviving laws. Prescribes the style for laws. Restricts private, special, or local laws. Sets procedures for passing private, special, or local laws. Lists specific prohibitions on private, special, or local laws. Allows for special laws regulating internal affairs of municipalities under certain conditions. Calls for liberal construction of constitutional provisions regarding municipalities. Section VIII: Oaths of Office Prescribes the oath for legislators. Prescribes the oath for legislative officers.
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05/28/25

Samantha A.

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Article V - Executive Article V establishes the structure and powers of the executive branch in New Jersey and defines the powers and responsibilities of the Governor, thereby establishing checks and balances with other branches of government. It is divided into four sections: Section I: The Governor Vests executive power in the Governor. Sets eligibility requirements (age 30+, 20+ years U.S. citizenship, 7+ years NJ residency). Prohibits the Governor from holding other offices. Outlines the election process and term limits (4-year term, maximum two consecutive terms). Establishes succession in case of vacancy or inability to serve. Provides for determining vacancy in cases of disability or absence. Sets rules for special elections to fill vacancies. Establishes the Governor's salary. Requires the Governor to faithfully execute laws and enforce compliance. Outlines communication duties with the Legislature. Establishes the Governor as Commander-in-Chief of state military forces. Grants power to make appointments and fill vacancies. Details the process for bill approval or veto, including line-item veto for appropriations. Section II: Pardons and Parole Grants the Governor power to pardon and reprieve, except in cases of impeachment and treason. Provides for the establishment of a parole system by law. Section III: The Militia Requires laws for organizing and regulating the militia. Grants the Governor power to appoint militia officers, with Senate consent for general and flag officers. Section IV: Administrative Offices and Departments Limits the executive branch to 20 principal departments. Places departments under the Governor's supervision. Outlines appointment process for department heads. Specifies appointment and terms for Secretary of State and Attorney General. Provides for boards or commissions as department heads. Grants the Governor investigative and removal powers over state employees. Requires filing of administrative rules and regulations.
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05/28/25

Samantha A.

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Article VI - Judicial Selection Article VI establishes New Jersey's judicial system, outlining a hierarchical court structure with the Supreme Court at its apex. It defines the jurisdiction and powers of various courts, sets forth the process for appointing judges, and includes provisions to ensure judicial independence and accountability. The article also empowers the Chief Justice as the administrative head of all courts in the state.
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05/28/25

Samantha A.

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Article VII - Public Officers & Employees Article VII establishes guidelines for public officers and employees in New Jersey, covering oath requirements, civil service appointments, compensation, bonding, and terms of office. It outlines specific roles like the State Auditor and county officials, and sets forth the process for impeachment of state officers. The article aims to ensure integrity, merit-based service, and accountability in public office.
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05/28/25

Samantha A.

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Article VIII - Taxation & Finance Article VIII focuses on taxation and finance, establishing key principles for the state's fiscal management. It mandates uniform property assessment and taxation rules, while allowing for certain tax exemptions, notably for veterans and their widows. The article prohibits direct state lending and sets strict guidelines for state spending and debt creation, requiring that appropriations not exceed anticipated revenues. It also limits the state's ability to incur debt without voter approval, except in cases of emergency or war. The constitution designates the redevelopment of blighted areas as a public purpose and restricts counties and municipalities from giving money or credit to private entities. Additionally, it mandates the state to provide and maintain a "thorough and efficient system of free public schools" and establishes a perpetual fund for public education, emphasizing the state's commitment to education as a fundamental responsibility.
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05/28/25

Samantha A.

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Article IX - Amendments Article IX outlines the process for amending the state constitution. It establishes a detailed procedure that requires careful consideration, public involvement, and legislative approval before any changes can be made to the fundamental law of the state. The amendment process begins in either house of the legislature and requires a waiting period and public hearing before voting. Amendments need either a three-fifths supermajority in both houses for direct submission to voters, or a simple majority in two consecutive years. The proposed amendments must be published in county newspapers at least three months before the public vote. Multiple amendments must be presented separately on the ballot. If approved by a majority of voters, the amendment becomes part of the constitution 30 days after the election, unless otherwise specified. The article also includes a cooling-off period, preventing rejected or substantially similar amendments from being resubmitted for three general elections, thus ensuring stability while allowing for necessary changes over time.
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05/28/25

Samantha A.

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Article X - General Provisions Article X covers a set of miscellaneous but important constitutional details. It establishes the Great Seal of the State of New Jersey and outlines its use and custody by the Governor. The article specifies the format for official grants and commissions, requiring them to be sealed, signed by the Governor, and countersigned by the Secretary of State. It also standardizes the language for writs and indictments, ensuring consistency in legal documents. Notably, Article X includes a provision for gender-inclusive language, stating that all personal terms in the Constitution apply to both sexes. These provisions, while brief, play a crucial role in establishing the formalities of state government and ensuring the Constitution's proper implementation and interpretation. In the context of the 1947 version, this article sets the effective date for the Constitution as January 1, 1948, unless otherwise specified in particular sections.
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05/28/25

Samantha A.

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Article XI - Schedule Article XI provides a comprehensive framework for transitioning from the previous 1844 Constitution to the new 1947 revisions. It ensures continuity in governance while implementing significant structural changes. The article outlines how existing laws, regulations, and court decisions remain in effect until explicitly altered or repealed. It also details the transition process for the legislative, executive, and judicial branches. For the legislature, it specifies new term lengths and election cycles, particularly for the Senate. In the executive branch, it sets the schedule for the first gubernatorial election under the new constitution. The judicial branch undergoes the most substantial reorganization, with Article XI detailing the abolition of certain courts and the establishment of new ones, including the Supreme Court and Superior Court. It also provides for the transfer of existing judges to new positions and the reallocation of pending cases to appropriate new courts. Overall, Article XI serves as a crucial bridge between the old and new constitutional systems, ensuring a smooth transition while implementing significant reforms in New Jersey's governmental structure.
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05/28/25

Samantha A.

tutor
That should be all of them! Please don’t hesitate to reach out if you’d like additional information or guidance. Happy studying!
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05/28/25

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