(Ebook) The New Jersey State Constitution 3rd Edition by Robert F Williams, Ronald K Chen ISBN 9780190084677 0190084677
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ISBN 10: 0190084677
ISBN 13: 9780190084677
Author: Robert F Williams, Ronald K Chen
The New Jersey State Constitution is a throughly revised new edition that provides an extensive historical account and constitutional analysis of the state's governing charter. In addition to an overview of New Jersey's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography is an essential resource for students, scholars, and practitioners of New Jersey's constitution.State constitutions perform different functions and contain different provisions from the more-familiar U.S. Constitution. The book first outlines the historical development of New Jersey's state constitution from 1776 to the present and explains the highlights of the process of state constitutional development, leading to the current New Jersey constitution. Next, each section of the current constitution is analyzed, including its origins, general intent and purpose, and important judicial interpretations illustrating the types of situations in which the section can come into play, including references to key academic analysis of each section. Careful explanation is provided, with illustrations from cases, of the complex and evolving relationship between rights guaranteed by the U.S. Constitution and rights guaranteed by the New Jersey constitution. In many instances, New Jersey's rights can be more protective than those included in the Federal Constitution. Finally, the book provides a thorough bibliographical essay reviewing the evolution of the New Jersey constitution.
(Ebook) The New Jersey State Constitution 3rd Edition Table of contents:
- Series Foreword by Lawrence Friedman
- Preface to the Third Edition
- Preface to the Second Edition
- PART ONE The History of the New Jersey Constitution
- State Constitutions and American Constitutionalism
- Constitution of 1776
- Constitution of 1844
- The 1873 Constitutional Commission
- Constitutional Change from 1875 to 1940
- The 1947 Constitution
- Constitutional Development from 1947
- Conclusion
- PART TWO The New Jersey Constitution and Commentary
- Preamble
- Article I: Rights and Privileges
- Natural and Unalienable Rights
- Political Power; Object of Government
- Rights of Conscience; Religious Freedom
- Establishment of Religious Sect; Religious or Racial Test for Public Office
- Denial of Rights; Discrimination; Segregation
- Liberty of Speech and of the Press; Libel; Province of Jury
- Freedom from Unreasonable Searches and Seizures; Warrant
- Presentment or Indictment of Grand Jury; Necessity; Exceptions
- Rights of Persons Accused of Crime
- Double Jeopardy; Bail
- Excessive Bail or Fines; Cruel and Unusual Punishments
- Imprisonment for Debt or Militia Fine
- Habeas Corpus
- Military Subordinate to Civil Power
- Quartering of Soldiers
- Treason
- Right of Assembly and Petition
- Persons in Private Employment; Right to Organize; Collective Bargaining; Public Employees
- Private Property for Public Use
- Saving Clause
- Victims’ Rights
- Minimum Wage
- Article II: Elections and Suffrage
- Section I. Elections and Suffrage
- General Elections
- Public Questions; General Election; Publication
- Entitlement to Vote; Registration
- Voting by Members of Armed Services
- Military Service Not Considered Residence
- Incompetents May Not Vote
- Laws May Deprive Criminals of Right to Vote; Restoration
- Section II. Congressional Redistricting Commission
- Article III: Distribution of the Powers of Government
- Three Branches; Separation of Powers
- Article IV: Legislative
- Section I. Legislature
- Legislative Power
- Eligibility for Senate and General Assembly
- Legislative Term; Sessions
- Special Sessions; Governor’s Call
- Section II. Composition of Senate and General Assembly
- Number of Senators; Districts
- Election of Senators; Term
- Number of General Assembly Members; Districts
- Paragraph 4. Election of Members of General Assembly; Term
- Section III. Apportionment
- Apportionment Commission
- Apportionment Commission; Extra Member Appointed by Chief Justice
- Apportionment to Remain until Next Decennial Census
- Apportionment Delayed If Census Data Not Received by February 15
- Section IV. Legislative Rules and Procedure; Compensation
- Vacancies
- Each House to Judge Its Own Members; Quorum; Absent Members
- Officers; Rules of Procedure; Punishment for Members
- Journals
- Adjournments
- Bills and Joint Resolutions; Reading; Majority Vote Recorded in Journal
- Compensation; No Other Allowance or Emoluments
- Compensation; No Increase or Decrease until after Next Election
- Immunity of Members
- Section V. Members of Legislature
- No Member to Take Position Created, or for Which Emoluments Increased, During Term of Election
- Commission to Assist in Legislative Functions
- Member’s Seat to Become Vacant upon Assuming Federal or State Office
- Federal or State Officers, and Judges, Not Entitled to Seat in Legislature
- No Legislative Appointment of Executive or Judicial Officers; State Auditor
- Section VI. Laws Authorized
- Revenue Measures to Originate in General Assembly
- Legislature May Authorize Municipal Zoning
- Eminent Domain
- Emergency Powers
- Section VII. Laws Prohibited; Form of Laws
- No Legislative Divorce
- Laws Authorizing Gambling Prohibited; Exceptions
- No Bills of Attainder, Ex Post Facto Laws, Impairment of Contracts or Deprivation of Contractual Rem
- Laws to Embrace but One Object, Expressed in Title; Exception
- Amendment or Revival of Laws
- Enacting Clause
- General Laws
- Private, Special or Local Laws; Notice
- Prohibited Private, Special or Local Laws
- Municipal or County Petition for Passage of Local Law; Adoption of Law by Ordinance or Vote of Elect
- Liberal Construction of Local Government Powers
- Disclosure of Sex Offenders
- Cannabis Amendment
- Section VIII. Legislative Oath
- Oath of Legislative Members
- Oath of Legislative Officers
- Article V: Executive
- Section I. Governor
- Executive Power Vested in Governor
- Eligibility for Governor
- Federal and Other State Officers Ineligible; Acceptance of Other Office to Vacate Seat
- Election
- Term; Limitation to Two Successive Terms
- Vacancy; Devolution of Powers
- Vacancy; Limitation on Failure to Qualify, Absence or Inability to Discharge Duties
- Election to Fill Unexpired Term
- Salary; No Increase or Decrease During Term
- Faithful Execution of Laws; Enforcement Powers
- Powers and Duties
- Power to Fill Vacancies by Appointment
- Veto Power; Procedure
- Item Veto for Appropriation Bills
- Section II. Pardon and Parole
- Pardon Power
- Parole System Established by Law
- Section III. Militia
- Militia to Be Established by Law
- Appointment of Militia Officers
- Section IV. Executive Branch
- Limitation on Number of Executive Departments
- Governor to Supervise and Appoint Heads of Executive Departments
- Secretary of State and Attorney General Nominated by Governor; Advice and Consent of Senate; Term
- Departments Headed by Boards; Appointment by Governor
- Governor May Investigate State Officers or Employees; Require Written Statements; Removal
- Executive Regulations to Be Filed and Published
- Article VI: Judicial
- Section I. Judicial Power
- Judicial Power and Creation of Courts
- Section II. Supreme Court
- Justices of Supreme Court; Quorum; Temporary Assignments
- Appellate Jurisdiction
- Rules of Administration of Courts, Practice and Procedure; Admission and Discipline of Lawyers
- Section III. Superior Court
- Judges of Superior Court
- Original General Jurisdiction
- Divisions; Appellate, Law and Chancery
- Law and Chancery Division to Have Powers of the Other to Completely Resolve Controversies
- Section IV. County Courts (Repealed)
- Section V. Jurisdiction
- Appellate Jurisdiction of Supreme Court
- Appellate Jurisdiction of Superior Court
- Original Jurisdiction of Supreme Court and Appellate Division
- Actions in Lieu of Prerogative Writs
- Section VI. Appointment of Judges
- Governor to Appoint; Advice and Consent of Senate
- Qualifications
- Term; Reappointment; Retirement; Pensions
- Impeachment; Removed from Office
- Incapacitation of Judges; Retirement
- Salaries Not to Be Diminished
- Judges Shall Hold No Other Office
- Section VII. Administration of Courts
- Chief Justice Administrative Head; Administrative Director
- Chief Justice to Assign and Transfer Judges
- Clerks of Supreme Court and Superior Court
- Section VIII. State Funding of Judiciary
- State Funding of Judiciary
- Article VII: Public Officers and Employees
- Section I. State Officers
- Oath
- Civil Service
- Compensation
- Bond May Be Required
- Terms of Office
- State Auditor; Appointment by Senate and General Assembly; Duties
- Section II. County Officers
- County Prosecutors
- County Clerks, Surrogates and Sheriffs
- Section III. Impeachment
- Officers Liable to Impeachment
- Impeachment; Procedure
- Judgment of Impeachment
- Article VIII: Taxation and Finance
- Section I. Tax Assessment, Exemptions, and Deductions
- Uniform Rules for Property Assessment; Agricultural Exception
- Exemptions by General Laws
- Deduction for Military Service; Surviving Spouse
- Deduction for Senior Citizens
- Homestead Rebate or Credit
- Laws Permitting Municipalities to Grant Abatements or Exceptions Authorized
- Personal Income Tax Dedicated to Reducing Property Taxes
- Section II. Debt and Appropriations
- State Credit Not to Be Loaned
- Appropriations to Be Provided by Law; Single Annual Appropriation Bill; Balanced Budget
- Limit on State Debt
- Dedication of Portion of Motor Fuel Tax
- Limitation on Unfunded Mandates
- Dedication of Portion of Corporation Business Tax
- Dedication of Portion of Sales and Use Tax
- Employee Benefits Contributions Protected
- Section III. Local Government Debt
- Urban Redevelopment a Public Purpose; Tax Exemption
- Local Government Credit Not to Be Loaned
- No Donation or Appropriation by State or Local Government to Private Entities
- Section IV. Public Schools
- Thorough and Efficient Free Public Schools
- Fund for Support of Free Public Schools
- Transportation
- Section V. Riparian Lands
- Limitation on State Claims to Riparian Lands
- Article IX: Amendments
- Procedure for Legislative Proposal
- Vote to Be Recorded in Journal
- Publication Prior to Vote
- Vote at General Election
- Separate and Distinct Vote on Each Amendment
- Approval by Voters; Effective Date
- Limitation on Resubmission to Voters of Rejected Amendments
- Article X: General Provisions
- Seal of the State
- Grants and Commissions
- Writs
- Personal Pronouns Include Both Sexes
- Effective Date of Constitution
- Article XI: Schedule
- Section I
- Section II
- Section III
- Section IV
- Section V
- Section VI
- Section VII
- Bibliographical Essay
- Table of Cases
- Index
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Tags: Robert F Williams, Ronald K Chen, New Jersey, State Constitution
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