New Jersey 1947 State Constitution
Constitution of New Jersey
1947
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A Constitution agreed upon by the delegates of the people ofNew Jersey, in Convention, begun at Rutgers University, the State University of
New Jersey, in New Brunswick, on the twelfth day of June, and con-
tinued to the tenth day of September, in the year of our Lord one
thousand nine hundred and forty-seven.
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We, the people of the State of New Jersey, grateful to Almighty
God for the civil and religious liberty which He hath so long
permitted us to enjoy, and looking to Him for a blessing upon our
endeavors to secure and transmit the same unimpaired to succeeding
generations, do ordain and establish this Constitution.
ARTICLE I
RIGHTS AND PRIVILEGES
1. All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and de-fending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
2. All political power is inherent in the people. Government is insti- tuted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.
3. No person shall be deprived of the inestimable privilege of worship- ping Almighty God in a manner agreeable to the dictates of his own con-science; nor under any pretense whatever be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any min-ister or ministry, contrary to what he believes to be right or has deliberately
and voluntarily engaged to perform.
4. 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 person shall be denied the enjoyment of 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. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libel-ous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
7. The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.
8. No person shall be held to answer for a criminal offense, unless onthe presentment or indictment of a grand jury, except in cases of impeach-ment, or in cases now prosecuted without indictment, or arising in the army or navy or in the militia, when in actual service in time of war or public danger.
9. The right of trial by jury shall remain inviolate; but the Legisla-ture may authorize the trial of civil causes by a jury of six persons when the matter in dispute does not exceed fifty dollars. The Legislature may pro-vide that in any civil cause a verdict may be rendered by not less than five-sixths of the jury. The Legislature may authorize the trial of the issue of mental incompetency without a jury.
10. In all criminal prosecutions the accused shall have the right to aspeedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defense.
11. No person shall, after acquittal, be tried for the same offense. Allpersons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or presumption great.
12. Excessive bail shall not be required, excessive fines shall not be im-posed, and cruel and unusual punishments shall not be inflicted.
13. No person shall be imprisoned for debt in any action, or on any judg-ment found upon contract, unless in cases of fraud; nor shall any per-son be imprisoned for a militia fine in time of peace.
14. 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. The military shall be in strict subordination to the civil power.
16. No soldier shall, in time of peace, be quartered in any house, withoutthe consent of the owner; nor in time of war, except in a manner prescribed by law.
17. Treason against the State shall consist only in levying war againstit, 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. The people have the right freely to assemble together, to consult forthe common good, to make known their opinions to their representatives, and to petition for redress of grievances.
19. 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, or any of its political sub-
divisions or agencies, their grievances and proposals through representatives of
their own choosing.
20. Private property shall not be taken for public use without just com-pensation. Individuals or private corporations shall not be authorized to take
private property for public use without just compensation first made to the
owners.
21. This enumeration of rights and privileges shall not be construed toimpair or deny others retained by the people.
