Day 3: The New Jersey Constitution

Daniel J. Mallinson

Political ScienceStockton University

Daniel.Mallinson@stockton.edu

POLS 3265

Mallinson Day 3 January 24, 2017 1 / 15

Road map

Discuss the importance and development of the NewJersey state constitution

Mallinson Day 3 January 24, 2017 2 / 15

What is a Constitution?

Describe a constitution in one sentence.

Mallinson Day 3 January 24, 2017 3 / 15

What is in the U.S. Constitution?

Articles

1 Legislature

2 Executive

3 Judiciary

4 The States

5 Amendment Process

6 Debts, Supremacy, Oaths

7 Ratification

Mallinson Day 3 January 24, 2017 4 / 15

Important Point

We would not have a U.S. Constitution if it were not forthe states

Mallinson Day 3 January 24, 2017 5 / 15

How do state constitutions differ?

Not all institutions the same (e.g., Nebraska Leg)

Extended Bills of Rights (e.g., right to education)

Protection of policy through inclusion (e.g., gaming)

Intergovernmental relations (unitary vs. federal)

Much longer

Mallinson Day 3 January 24, 2017 6 / 15

Some Stats

Word Count (Guess)1

US Constitution:

8,500

Shortest state: VT (8,565)

Longest: AL (388,882)

New Jersey: 26,360

Mallinson Day 3 January 24, 2017 7 / 15

Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state:

VT (8,565)

Longest: AL (388,882)

New Jersey: 26,360

Mallinson Day 3 January 24, 2017 7 / 15

Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state: VT (8,565)

Longest:

AL (388,882)

New Jersey: 26,360

Mallinson Day 3 January 24, 2017 7 / 15

Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state: VT (8,565)

Longest: AL (388,882)

New Jersey:

26,360

Mallinson Day 3 January 24, 2017 7 / 15

Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state: VT (8,565)

Longest: AL (388,882)

New Jersey: 26,360

Mallinson Day 3 January 24, 2017 7 / 15

Some Stats

Most constitutions:

LA (11)

Number of amendments: AL (892)

Oldest still in use: MA (1780)

Newest: RI (1986)

Mallinson Day 3 January 24, 2017 8 / 15

Some Stats

Most constitutions: LA (11)

Number of amendments:

AL (892)

Oldest still in use: MA (1780)

Newest: RI (1986)

Mallinson Day 3 January 24, 2017 8 / 15

Some Stats

Most constitutions: LA (11)

Number of amendments: AL (892)

Oldest still in use:

MA (1780)

Newest: RI (1986)

Mallinson Day 3 January 24, 2017 8 / 15

Some Stats

Most constitutions: LA (11)

Number of amendments: AL (892)

Oldest still in use: MA (1780)

Newest:

RI (1986)

Mallinson Day 3 January 24, 2017 8 / 15

Some Stats

Most constitutions: LA (11)

Number of amendments: AL (892)

Oldest still in use: MA (1780)

Newest: RI (1986)

Mallinson Day 3 January 24, 2017 8 / 15

New Jersey

Three Constitutions

1776

1844

1947

Mallinson Day 3 January 24, 2017 9 / 15

Questions to Discuss

1 What were the major deficiencies in the 1776 and1844 constitutions?

2 What ties are there between the constitutionalreforms and major themes we discussed on Thursday?

Mallinson Day 3 January 24, 2017 10 / 15

1776

Communitarian

Weak executive and strong legislature

County-level voting (great deal of power in localofficials)

No established religion

No separation of powers or checks and balances

No amendment mechanism

No rights protections

Mallinson Day 3 January 24, 2017 11 / 15

1776

Communitarian

Weak executive and strong legislature

County-level voting (great deal of power in localofficials)

No established religion

No separation of powers or checks and balances

No amendment mechanism

No rights protections

Mallinson Day 3 January 24, 2017 11 / 15

1844

Federalist

Separate, weak, governor

Distaste for elected judiciary

Democratic control of gov, Republican control ofSenate

Mallinson Day 3 January 24, 2017 12 / 15

1844

Federalist

Separate, weak, governor

Distaste for elected judiciary

Democratic control of gov, Republican control ofSenate

Mallinson Day 3 January 24, 2017 12 / 15

1947

Managerial

Sounds like 1787 (pg. 134)

Strongest governor

Restructured judiciary

Longer legislative terms

Prohibited gambling (referendum)

Silent on regulation of local govt (home rule)

Mallinson Day 3 January 24, 2017 13 / 15

1947

Managerial

Sounds like 1787 (pg. 134)

Strongest governor

Restructured judiciary

Longer legislative terms

Prohibited gambling (referendum)

Silent on regulation of local govt (home rule)

Mallinson Day 3 January 24, 2017 13 / 15

Constitutional Amendment Process

Either-Or Method:

60% supermajority vote by legislaturePassage in two successive legislative sessions bysimple majority

Single subject rule

Simple majority approval

Cannot be reintroduced for 2 years if fails

Mallinson Day 3 January 24, 2017 14 / 15

Some Stats about New Jersey

Since 1995, an average of two measures on ballot

Total per year ranged from zero to four

Passage rate was 90 percent (38 of 42)

Mallinson Day 3 January 24, 2017 15 / 15