State constitution
Constitution of New Jersey
Data from NJ Legislature — Constitution of 1947
Article I follows the official paragraph text closely; the remaining articles give the full article/section structure with condensed section text. Read the verbatim constitution at the source link.
Article I Rights and Privileges
§ 1 Natural and unalienable rights
All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
§ 2 Political power; recall
Political power is inherent in the people, who may reform, alter, or abolish their government whenever the public good requires it. The people also reserve the power to recall an elected official after that official has served at least one year, on a petition signed by registered voters equal to at least 25% of those registered in the official's district.
§ 3 Religious freedom
No person shall be deprived of the inestimable privilege of worshiping Almighty God in a manner agreeable to the dictates of conscience, nor be compelled to attend any place of worship or to support any ministry against their belief.
§ 4 No religious establishment or test
There shall be no establishment of one religious sect in preference to another; no religious or racial test shall be required as a qualification for any office or public trust.
§ 5 No denial of rights; no segregation
No person shall be denied any civil or military right, nor be discriminated against in the exercise of any civil or military right, nor be segregated in the militia or in the public schools, because of religious principles, race, color, ancestry, or national origin.
§ 6 Freedom of speech and press
Every person may freely speak, write, and publish sentiments on all subjects, being responsible for the abuse of that right. In prosecutions for libel, truth may be given in evidence, and if published with good motives and for justifiable ends, is a full defense.
§ 7 Searches and seizures
The right of the people to be secure against unreasonable searches and seizures shall not be violated; warrants shall issue only upon probable cause, supported by oath, and particularly describing the place to be searched and the papers and things to be seized.
§ 8 Grand jury; presentment
No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury, except in cases of impeachment or in the armed forces in time of war or public danger.
§ 9 Trial by jury
The right of trial by jury shall remain inviolate. The Legislature may authorize civil trials by a jury of six persons, with a verdict rendered by five-sixths of the jury.
§ 10 Rights of the accused
In all criminal prosecutions the accused shall have the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to compulsory process, and to the assistance of counsel.
§ 11 Double jeopardy; pretrial release
No person shall be tried twice for the same offense. All persons shall be eligible for pretrial release; release may be denied only when no conditions would reasonably ensure the person's appearance, protect the community's safety, or prevent obstruction of the criminal justice process.
§ 12 Bail, fines, and punishments
Excessive bail shall not be required, excessive fines imposed, nor cruel and unusual punishments inflicted. Capital punishment may be imposed only for purposeful or knowing criminal homicide committed by the defendant's own conduct, under conditions set by law.
§ 13 Imprisonment for debt
No person shall be imprisoned for debt in any action or on any judgment founded upon contract, unless in cases of fraud; nor shall any person be imprisoned for a militia fine in time of peace.
§ 14 Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it.
§ 15 Military subordinate to civil power
The military shall be in strict subordination to the civil power.
§ 16 Quartering of soldiers
No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, except in a manner prescribed by law.
§ 17 Treason
Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
§ 18 Assembly and petition
The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.
§ 19 Right to organize and bargain
Persons in private employment shall have the right to organize and bargain collectively. Persons in public employment shall have the right to organize, present to, and make known to the State their grievances and proposals through representatives of their own choosing.
§ 20 Taking of private property
Private property shall not be taken for public use without just compensation. Individuals or private corporations shall not be authorized to take private property for public use without just compensation first made to the owners.
§ 21 Rights not enumerated
This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.
§ 22 Rights of crime victims
A victim of a crime shall be treated with fairness, compassion, and respect by the criminal justice system, and has the right to be present at public judicial proceedings and to such remedies as the Legislature may provide.
§ 23 Minimum wage
Every worker is entitled to a minimum wage set by this paragraph and by law, tied to the federal minimum wage and adjusted annually to reflect increases in the cost of living, effective the January 1 following approval.
Article II Elections and Suffrage
§ I Elections and voter eligibility
General elections are held annually on the first Tuesday after the first Monday in November. Every U.S. citizen aged 18 or older who meets residence and registration requirements may vote. The Legislature provides for absentee and military voting and may deny the vote to persons who are mentally incompetent or convicted of certain crimes as prescribed by law.
§ II Congressional Redistricting Commission
Establishes an independent commission to draw New Jersey's U.S. congressional districts after each federal census, sets its membership and selection, and requires districts to be as nearly equal in population as practicable.
Article III Distribution of the Powers of Government
§ 1 Separation of powers
The powers of government are divided among three distinct branches — the legislative, executive, and judicial. No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution.
Article IV Legislative
§ I Legislative power; composition
The legislative power is vested in a Senate and a General Assembly. Sets the number of members, their qualifications (citizenship, age, and residence), and the biennial and annual election of members.
§ II Apportionment
Divides the State into legislative districts as nearly equal in population as practicable, from which senators and members of the General Assembly are elected, based on the decennial federal census.
§ III Apportionment Commission
Establishes the Apportionment Commission that redraws legislative districts after each census, its bipartisan membership, and the tie-breaking process if the commission deadlocks.
§ IV Sessions, vacancies, procedure
Governs legislative sessions, quorum, journals, the manner of passing bills, filling of legislative vacancies, and the general rules of proceeding for each house.
§ V Dual office-holding
Restricts members of the Legislature from simultaneously holding certain other State or federal offices during their term.
§ VI Revenue bills; local powers; emergencies
Revenue (tax) bills originate in the General Assembly. Grants municipalities zoning and planning authority and provides for continuity of government and emergency legislative succession in case of enemy attack or disaster.
§ VII Restrictions and authorizations
Prohibits the Legislature from passing certain private, local, or special laws; addresses divorce, gambling, and — by later amendment — the regulated legalization of cannabis for adults.
§ VIII Oaths of office
Prescribes the oath or affirmation to be taken by legislators and legislative officers before entering upon their duties.
Article V Executive
§ I Governor and Lieutenant Governor
The executive power is vested in a Governor, elected to a four-year term (limited to two consecutive terms). Sets qualifications, the joint election of the Lieutenant Governor, succession, and the Governor's powers to recommend legislation, veto bills, and be commander-in-chief of the State's military forces.
§ II Clemency and parole
Grants the Governor the power to grant pardons and reprieves and to remit fines and forfeitures, except in cases of impeachment, subject to regulation by law and a board or commission on parole.
§ III The militia
Provides for the organization of the State militia and the appointment and commissioning of its officers.
§ IV Executive departments; appointments
Requires all executive and administrative work of the State to be allocated among not more than 20 principal departments, and governs the appointment and removal of department heads and officers.
Article VI Judicial
§ I Judicial power
The judicial power is vested in a Supreme Court, a Superior Court, and other courts of limited jurisdiction established by law.
§ II Supreme Court
Establishes the Supreme Court of a Chief Justice and six associate justices, its appellate jurisdiction, and its authority to make rules governing practice, procedure, and the administration of the courts.
§ III Superior Court
Establishes the Superior Court as the State's trial court of general jurisdiction, organized into Appellate, Law, and Chancery Divisions.
§ IV County and inferior courts
Provides for the county and municipal courts of limited jurisdiction; the former county courts were later merged into the Superior Court.
§ V Appeals
Sets the routes of appeal from the trial divisions to the Appellate Division of the Superior Court and, in defined cases, to the Supreme Court.
§ VI Judges: appointment, tenure, removal
Justices and judges are nominated and appointed by the Governor with the advice and consent of the Senate for an initial seven-year term, then reappointed to tenure (during good behavior) until age 70. Sets qualifications, compensation, and removal for cause.
§ VII Court administration
Empowers the Chief Justice as administrative head of all the courts, with authority to assign judges and administer the judicial system.
§ VIII State assumption of court costs
Provides for State funding of the costs of the judicial and probation functions, phased in from July 1, 1997.
Article VII Public Officers and Employees
§ I Oaths; civil service; compensation
Requires officers and employees to take an oath of office, establishes appointments and promotions in the civil service on the basis of merit and fitness, and governs compensation.
§ II County officers
Provides for the appointment or election of county prosecutors, clerks, surrogates, and sheriffs, and their terms.
§ III Impeachment
Vests the power of impeachment in the General Assembly; impeachments are tried by the Senate, and conviction requires a two-thirds vote of the members.
Article VIII Taxation and Finance
§ I Taxation
Property shall be assessed for taxation under general laws and by uniform rules, according to its true value. Provides for farmland assessment based on agricultural use, and for deductions and exemptions including those for veterans and senior citizens.
§ II State finances; appropriations; debt
No money shall be drawn from the State treasury except by appropriation made by law. Requires a balanced budget for each fiscal year and limits the creation of State debt exceeding 1% of appropriations to that authorized by law and approved by the voters at a general election.
§ III Public purpose; gaming
Limits the donation or loan of public money or property to private purposes, and authorizes the Legislature to permit specified forms of legalized gaming, including casino gaming in Atlantic City and a State lottery dedicated to public purposes.
§ IV Public school system
The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for all children in the State between the ages of five and eighteen, and provides for a State school fund.
Article IX Amendments
§ 1 Proposing and ratifying amendments
Amendments may be proposed by either house of the Legislature; if agreed to by three-fifths of the members of each house, they go to the voters at the next general election, or if agreed to by a majority in two successive legislative years, they likewise go to the voters. An amendment takes effect if approved by a majority of those voting on it. A rejected amendment may not be resubmitted for three years.
Article X General Provisions
§ 1 Militia and other general provisions
Contains general provisions of statewide application, including the composition of the militia, the great seal of the State, and rules of construction for the Constitution.
§ 2 Continuity of law
Provides that existing statutes, rights, and obligations not inconsistent with this Constitution remain in force until altered or repealed.
Article XI Schedule
§ 1 Transition provisions
The Schedule sets out transitional provisions governing the change from the prior (1844) constitution to the Constitution of 1947 — the continuity of offices, courts, laws, and pending matters. These provisions were largely spent once the transition was complete.
Full, verbatim text at NJ Legislature — Constitution of 1947