During the Revolutionary War in 1776, the
first
constitution of the state of New Jersey was written to create a
government framework for the state. The constitution has been rewritten
twice to address issues that arose with the original and subsequent
versions.
In the mid-1800s, New Jersey citizens wanted a more
democratic form of state government so the
1844 constitution was drafted, providing for the separation of powers
among the legislative, judicial, and executive branches and including a
bill of rights. The new constitution also gave the people (instead of the
legislature) the right to elect the governor.
Today's constitution was adopted in 1947. The governor's powers were
increased and the term of office extended from three to four years. The
state court system was also reorganized.
The constitution can be amended through a resolution introduced in the
legislature and approved by three-fifths of both houses or by majority
vote in two consecutive years. Voters must then approve the amendment in
the following general election.
The chief of the executive branch is the
governor who
is elected every four years to a four-year term. A governor cannot serve
more than two consecutive terms.
The governor officially resides at
Drumthwacket,
located in Princeton but works out of an office in the State
House in Trenton. Constitutionally, New Jersey’s chief executive is
one of the most powerful governors in the United States. In addition to
overseeing the departments, agencies boards and commissions that make up
the executive branch, the governor signs bills into law and can call the
legislature into special session. The governor has the power to grant
pardons and is the only person with the authority to call in the National
Guard.
To become governor, a person must be
- at least 30 years old,
- a U.S. citizen for at least 20 years, and
- a New Jersey resident for seven years prior to the
election.
The heads of state agencies are appointed by the governor and approved
by the Senate before taking office. Officials appointed by the governor
include the following:
- Attorney General
- Secretary of State
- State Treasurer
- Secretary of the Department of Agriculture and
Commissioners of the Departments of Banking and Insurance, Children and
Families, Community Affairs, Corrections, Education, Environmental
Protection, Health and Senior Services, Human Services, Labor and
Workforce Development, Military and Veterans Affairs, and Transportation
- Judges (including the State Supreme Court)
- County Prosecutors
- County Boards of Election and Taxation
- Members of Boards and Commissions
The Senate and General Assembly make up the
legislative branch. The Senate has 40
members, and the General Assembly has 80
members. One senator and two assembly members are elected from each of
the 40 districts of New Jersey. The Senate and Assembly chambers are
located in the State House in Trenton.
The Legislature's main job is to
enact laws. The Legislature can also propose amendments to the New Jersey
Constitution.
The Senate and General Assembly meet for about 40 sessions a year.
Sessions are held on Mondays and Thursdays. During the rest of the week,
the legislators often hold committee meetings or public hearings. Since
the legislature does not meet year-round, legislative work is a part-time
job. Most legislators have another job as well.
The leader of the Senate is the Senate President. The Speaker of the
General Assembly heads that body.
The President and the Speaker schedule meetings and determine which
bills will be considered within their respective houses. They also lead
the legislative sessions.
While both houses introduce and vote on bills, the Senate and Assembly
have individual powers, too. The Senate approves the governor’s appointees
to official positions. The Assembly can bring impeachment charges but the
Senate is the court of impeachment in New Jersey, where the charges are
tried. Any bills requiring revenue to be raised start out in the Assembly.
But, by custom, the Senate handles the state budget.
A legislator must live in the district he or she represents. Senators
have to be at least 30 and have to live in New Jersey for at least four
years before being elected. Members of the Assembly must be at least 21
and state residents for two years.
There is also leadership within the political parties in both houses.
The majority and minority leaders and the assistant leaders develop each
party's policies on the issues raised in the bills. Additionally, there
are many committees that review legislation. Learn more about the role of
committees and the process of making a law in "How
a Bill Becomes a Law."
The
Office of Legislative Services (OLS), a non-partisan agency, provides
legal advice and research support to both houses. OLS staff also drafts
the bills and resolutions. In addition, each house has partisan staff that
performs similar functions, but only for their respective parties. Each
legislator also has his or her own district office with staff to handle
constituent issues.
The
judicial branch decides how state laws should be applied. The governor
appoints judges to the Supreme and Superior courts with the Senate's
approval. The judges serve seven-year terms, but after they have been
re-appointed once, they can serve until they are 70.
The highest court
in the judiciary branch is the state Supreme Court. This court hears cases
involving constitutional problems and other major matters. The Supreme
Court consists of a
chief justice and six associate justices.
The chief justice investigates complaints against the courts,
supervises the clerks and court workers, and oversees the court finances.
The state Superior Court is divided into the Appellate, Law, and
Chancery divisions. Superior Court is where most trials take place. The
Appellate Division hears appeals of decisions from lower courts and state
agencies. Law hears cases in its Criminal Division and Civil Division.
Chancery consists of a General Equity Division and Family Division.
General Equity cases involve matters such as contracts. The Family
Division deals with family and children's legal matters.
