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Tables of Contents for The New Jersey State Constitution
Chapter/Section Title
Page #
Page Count
FOREWORD
xv
2
Richard J. Hughes
1997 UPDATE AND COMMENTARY
xvii
32
INTRODUCTION
xlix
PART I. THE CONSTITUTIONAL HISTORY OF NEW JERSEY
1
24
Constitution of 1776
1
5
Constitution of 1844
6
3
The 1873 Constitutional Commission
9
2
Constitutional Change from 1875 to 1940
11
2
The 1947 Constitution
13
4
Constitutional Development from 1947
17
1
Conclusion
17
8
PART II. NEW JERSEY CONSTITUTION AND COMMENTARY
25
112
Preamble
25
2
Article I: Rights and Privileges
27
23
Paragraph 1. Natural and Unalienable Rights
28
3
Paragraph 2. Political Power, Object of Government
31
1
Paragraph 3. Rights of Conscience: Religious Freedom
32
1
Paragraph 4. Establishment of Religious Sect; Religious or Racial Test for Public Office
33
1
Paragraph 5. Denial of Rights: Discrimination; Segregation
33
1
Paragraph 6. Liberty of Speech and of the Press; Libel; Province of Jury
34
1
Paragraph 7. Freedom from Unreasonable Searches and Seizures; Warrant
35
1
Paragraph 8. Presentment or Indictment of Grand Jury; Necessity; Exceptions
36
1
Paragraph 9. Trial by Jury; Jury of Six Persons; Verdict in Civil Causes; Trial of Mental Incompetency without Jury
37
1
Paragraph 10. Rights of Persons Accused of Crime
38
3
Paragraph 11. Double Jeopardy; Bail
41
1
Paragraph 12. Excessive Bail or Fines; Cruel and Unusual Punishments
42
2
Paragraph 13. Imprisonment for Debt or Militia Fine
44
1
Paragraph 14. Habeas Corpus
44
1
Paragraph 15. Military Subordinate to Civil Power
44
1
Paragraph 16. Quartering of Soldiers
45
1
Paragraph 17. Treason
45
1
Paragraph 18. Right of Assembly and Petition
45
1
Paragraph 19. Persons in Private Employment; Right to Organize; Collective Bargaining; Public Employees
46
1
Paragraph 20. Private Property for Public Use
47
1
Paragraph 21. Saving Clause
48
2
Article II: Elections and Suffrage
50
5
Paragraph 1. General Elections
50
1
Paragraph 2. Public Questions; General Election; Publication
50
1
Paragraph 3. Entitlement to Vote; Registration
51
2
Paragraph 4. Voting by Members of Armed Services
53
1
Paragraph 5. Military Service Not Considered Residence
53
1
Paragraph 6. Idiots or Insane May Not Vote
54
1
Paragraph 7. Laws May Deprive Criminals of Right to Vote; Restoration
54
1
Article III: Distribution of the Powers of Government
55
2
Paragraph 1. Three Branches; Separation of Powers
55
2
Article IV: Legislative
57
24
Section I. Legislature
57
3
Paragraph 1. Legislative Power
57
1
Paragraph 2. Eligibility for Senate and General Assembly
58
1
Paragraph 3. Legislative Term; Sessions
59
1
Paragraph 4. Special Sessions; Governor's Call
59
1
Section II. Composition of Senate and General Assembly
60
2
Paragraph 1. Number of Senators; Districts
60
1
Paragraph 2. Election of Senators; Term
61
1
Paragraph 3. Number of General Assembly Members; Districts
61
1
Paragraph 4. Election of Members of General Assembly; Term
62
1
Section III. Apportionment
62
1
Paragraph 1. Apportionment Commission
62
1
Paragraph 2. Apportionment Commission; Extra Member Appointed By Chief Justice
62
1
Paragraph 3. Apportionment to Remain Until Next Decennial Census
63
1
Section IV. Legislative Rules and Procedure; Compensation
63
4
Paragraph 1. Vacancies
63
1
Paragraph 2. Each House to Judge its Own Members; Quorum; Absent Members
63
1
Paragraph 3. Officers; Rules of Procedure; Punishment for Members
64
1
Paragraph 4. Journals
64
1
Paragraph 5. Adjournments
65
1
Paragraph 6. Bills and Joint Resolutions; Reading; Majority Vote Recorded in Journal
65
1
Paragraph 7. Compensation; No Other Allowance or Emoluments
66
1
Paragraph 8. Compensation; No Increase or Decrease Until After Next Election
66
1
Paragraph 9. Immunity of Members
66
1
Section V. Members of Legislature
67
2
Paragraph 1. No Member to Take Position Created, or for Which Emoluments Increased, During Term of Election
67
1
Paragraph 2. Commission to Assist in Legislative Functions
68
1
Paragraph 3. Member's Seat to Become Vacant Upon Assuming Federal or State Office
68
1
Paragraph 4. Federal or State Officers, and Judges, Not Entitled to Seat in Legislature
68
1
Paragraph 5. No Legislative Appointment of Executive or Judicial Officers; State Auditor
69
1
Section VI. Laws Authorized
69
3
Paragraph 1. Revenue Measures to Originate in General Assembly
69
1
Paragraph 2. Legislature May Authorize Municipal Zoning
70
1
Paragraph 3. Eminent Domain
70
1
Paragraph 4. Emergency Powers
71
1
Section VII. Laws Prohibited; Form of Laws
72
7
Paragraph 1. No Legislative Divorce
72
1
Paragraph 2. Laws Authorizing Gambling Prohibited; Exceptions
72
2
Paragraph 3. No Bills of Attainder, Ex Post Facto Laws, Impairment of Contracts or Deprivation of Contractual Remedies
74
1
Paragraph 4. Laws to Embrace But One Object, Expressed In Title; Exception
75
1
Paragraph 5. Amendment or Revival of Laws
75
1
Paragraph 6. Enacting Clause
76
1
Paragraph 7. General Laws
76
1
Paragraph 8. Private, Special or Local Laws; Notice
77
1
Paragraph 9. Prohibited Private, Special or Local Laws
77
1
Paragraph 10. Municipal or County Petition for Passage of Local Law; Adoption of Law by Ordinance or Vote of Electors
78
1
Paragraph 11. Liberal Construction of Local Government Powers
79
1
Section VIII. Legislative Oath
79
2
Paragraph 1. Oath of Legislative Members
79
1
Paragraph 2. Oath of Legislative Officers
80
1
Article V: Executive
81
13
Section I. Governor
81
8
Paragraph 1. Executive Power Vested in Governor
81
1
Paragraph 2. Eligibility for Governor
81
1
Paragraph 3. Federal and Other State Officers Ineligible; Acceptance of Other Office to Vacate Seat
82
1
Paragraph 4. Election
82
1
Paragraph 5. Term; Limitation to Two Successive Terms
82
1
Paragraph 6. Vacancy; Devolution of Powers
83
1
Paragraph 7. Failure to Qualify, Absence or Inability to Discharge Duties; Devolution of Powers
83
1
Paragraph 8. Vacancy; Limitation on Failure to Qualify, Absence or Inability to Discharge Duties
83
1
Paragraph 9. Election to Fill Unexpired Term
84
1
Paragraph 10. Salary; No Increase or Decrease During Term
84
1
Paragraph 11. Faithful Execution of Laws; Enforcement Powers
84
1
Paragraph 12. Powers and Duties
85
1
Paragraph 13. Power to Fill Vacancies By Appointment
86
1
Paragraph 14. Veto Power; Procedure
86
2
Paragraph 15. Item Veto for Appropriation Bills
88
1
Section II. Pardon and Parole
89
1
Paragraph 1. Pardon Power
89
1
Paragraph 2. Parole System Established by Law
89
1
Section III. Militia
90
1
Paragraph 1. Militia to Be Established by Law
90
1
Paragraph 2. Appointment of Militia Officers
90
1
Section IV. Executive Branch
90
4
Paragraph 1. Limitation on Number of Executive Departments
90
1
Paragraph 2. Governor to Supervise and Appoint Heads of Executive Departments
91
1
Paragraph 3. Secretary of State and Attorney General Nominated by Governor; Advice and Consent of Senate; Term
91
1
Paragraph 4. Departments Headed by Boards; Appointment by Governor
91
1
Paragraph 5. Governor May Investigate State Officers or Employees; Require Written Statements; Removal
92
1
Paragraph 6. Executive Regulations To Be Filed and Published
92
2
Article VI: Judicial
94
11
Section I. Judicial Power
94
1
Paragraph 1. Judicial Power and Creation of Courts
94
1
Section II. Supreme Court
95
2
Paragraph 1. Justices of Supreme Court; Quorum; Temporary Assignments
95
1
Paragraph 2. Appellate Jurisdiction
95
1
Paragraph 3. Rules of Administration of Courts, Practice and Procedure; Admission and Discipline of Lawyers
96
1
Section III. Superior Court
97
2
Paragraph 1. Judges of Superior Court
97
1
Paragraph 2. Original General Jurisdiction
97
1
Paragraph 3. Divisions, Appellate, Law and Chancery
98
1
Paragraph 4. Law and Chancery Division to Have Powers of the Other to Completely Resolve Controversies
98
1
Section IV. County Courts (Repealed)
99
1
Section V. Jurisdiction
99
2
Paragraph 1. Appellate Jurisdiction of Supreme Court
99
1
Paragraph 2. Appellate Jurisdiction of Superior Court
100
1
Paragraph 3. Original Jurisdiction of Supreme Court and Appellate Division
100
1
Paragraph 4. Actions in Lieu of Prerogative Writs
100
1
Section VI. Appointment of Judges
101
3
Paragraph 1. Governor to Appoint; Advice and Consent of Senate
101
1
Paragraph 2. Qualifications
101
1
Paragraph 3. Term; Reappointment; Retirement; Pensions
101
1
Paragraph 4. Impeachment; Removed from Office
102
1
Paragraph 5. Incapacitation of Judges; Retirement
102
1
Paragraph 6. Salaries Not To Be Diminished
103
1
Paragraph 7. Judges Shall Hold No Other Office
103
1
Section VII. Administration of Courts
104
1
Paragraph 1. Chief Justice Administrative Head; Administrativce Director
104
1
Paragraph 2. Chief Justice to Assign and Transfer Judges
104
1
Paragraph 3. Clerks of Supreme Court and Superior Court
104
1
Article VII. Public Officers and Employees
105
4
Section I. State Offices
105
2
Paragraph 1. Oath
105
1
Paragraph 2. Civil Service
105
1
Paragraph 3. Compensation
106
1
Paragraph 4. Bond May Be Required
106
1
Paragraph 5. Terms of Office
106
1
Paragraph 6. State Auditor; Appointment By Senate and General Assembly; Duties
106
1
Section II. County Officers
107
1
Paragraph 1. County Prosecutors
107
1
Paragraph 2. County Clerks, Surrogates and Sheriffs
107
1
Section III. Impeachment
108
1
Paragraph 1. Officers Liable to Impeachment
108
1
Paragraph 2. Impeachment; Procedure
108
1
Paragraph 3. Judgment of Impeachment
108
1
Article VIII. Taxation and Finance
109
14
Section I. Tax Assessment, Exemptions, and Deductions
109
6
Paragraph 1. Uniform Rules for Property Assessment; Agricultural Exception
109
1
Paragraph 2. Exemptions By General Laws
110
1
Paragraph 3. Deduction for Military Service; Surviving Spouse
111
1
Paragraph 4. Deduction for Senior Citizens
112
2
Paragraph 5. Homestead Rebate or Credit
114
1
Paragraph 6. Laws Permitting Municipalities to Grant Abatements or Exceptions Authorized
114
1
Paragraph 7. Personal Income Tax Dedicated to Reducing Property Taxes
114
1
Section II. Debt and Appropriations
115
3
Paragraph 1. State Credit Not To Be Loaned
115
1
Paragraph 2. Appropriations to Be Provided by Law; Single Annual Appropriation Bill; Balanced Budget
116
1
Paragraph 3. Limit on State Debt
116
2
Paragraph 4. Dedication of Portion of Motor Fuel Tax
118
1
Section III. Local Government Debt
118
2
Paragraph 1. Urban Redevelopment a Public Purpose; Tax Exemption
118
1
Paragraph 2. Local Government Credit Not to be Loaned
119
1
Paragraph 3. No Donation or Appropriation By state or Local Government to Private Entities
119
1
Section IV. Public Schools
120
1
Paragraph 1. Thorough and Efficient Free Public Schools
120
1
Paragraph 2. Fund for Support of Free Public Schools
120
1
Paragraph 3. Transportation
121
1
Section V. Riparian Lands
121
2
Paragraph 1. Limitation on State Claims to Riparian Lands
121
2
Article IX. Amendments
123
4
Paragraph 1. Procedure for Legislative Proposal
123
1
Paragraph 2. Vote to Be Recorded in Journal
124
1
Paragraph 3. Publication Prior to Vote
124
1
Paragraph 4. Vote at General Election
125
1
Paragraph 5. Separate and Distinct Vote on Each Amendment
125
1
Paragraph 6. Approval by Votes; Effective Date Amendments
125
1
Paragraph 7. Limitation on Resubmission to Voters of Rejected Amendments
126
1
Article X: General Provisions
127
2
Paragraph 1. Seal of the State
127
1
Paragraph 2. Grants and Commissions
127
1
Paragraph 3. Writs
127
1
Paragraph 4. Personal Pronouns Include Both Sexes
128
1
Paragraph 5. Effective Date of Constitution
128
1
Article XI: Schedule
129
8
Notes to Part II
137
4
BIBLIOGRAPHICAL ESSAY
141
8
TABLE OF CASES
149
16
INDEX
165