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Day 3: The New Jersey Constitution

Daniel J. Mallinson

Political ScienceStockton University

Daniel.Mallinson@stockton.edu

POLS 3265

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Road map

Discuss the importance and development of the NewJersey state constitution

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What is a Constitution?

Describe a constitution in one sentence.

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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

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Important Point

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

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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

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Some Stats

Word Count (Guess)1

US Constitution:

8,500

Shortest state: VT (8,565)

Longest: AL (388,882)

New Jersey: 26,360

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Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state:

VT (8,565)

Longest: AL (388,882)

New Jersey: 26,360

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Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state: VT (8,565)

Longest:

AL (388,882)

New Jersey: 26,360

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Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state: VT (8,565)

Longest: AL (388,882)

New Jersey:

26,360

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Some Stats

Word Count (Guess)1

US Constitution: 8,500

Shortest state: VT (8,565)

Longest: AL (388,882)

New Jersey: 26,360

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Some Stats

Most constitutions:

LA (11)

Number of amendments: AL (892)

Oldest still in use: MA (1780)

Newest: RI (1986)

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Some Stats

Most constitutions: LA (11)

Number of amendments:

AL (892)

Oldest still in use: MA (1780)

Newest: RI (1986)

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Some Stats

Most constitutions: LA (11)

Number of amendments: AL (892)

Oldest still in use:

MA (1780)

Newest: RI (1986)

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Some Stats

Most constitutions: LA (11)

Number of amendments: AL (892)

Oldest still in use: MA (1780)

Newest:

RI (1986)

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Some Stats

Most constitutions: LA (11)

Number of amendments: AL (892)

Oldest still in use: MA (1780)

Newest: RI (1986)

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New Jersey

Three Constitutions

1776

1844

1947

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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?

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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

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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

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1844

Federalist

Separate, weak, governor

Distaste for elected judiciary

Democratic control of gov, Republican control ofSenate

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1844

Federalist

Separate, weak, governor

Distaste for elected judiciary

Democratic control of gov, Republican control ofSenate

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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)

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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)

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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

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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)

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