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187-484: The state constitution reinforces the basic rights found in the United States Constitution , but also contains several unique provisions, such as regulations governing the operation of casinos. At 26,159 words, the document is slightly shorter than the average American state constitution (about 28,300 words). Three fundamental documents had governed the territory now known as New Jersey. The first

374-427: A speedy and public trial , and religious freedom. Article I also contains a Victims' Bill of Rights . The article is a de facto enumeration of the rights of the common man; Article I, Section I, Paragraph 21 deliberately states: 21. This enumeration of rights shall not be construed to impair or deny others retained by the people. This Article is similar to the U.S. Constitution's enumeration of rights. Similar to

561-451: A Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Supreme Court is New Jersey's appellate court of last resort. "By constitutional mandate, the Court consists of a Chief Justice and six associate justices, with five members constituting a quorum." Article VI, Section II, Paragraph 3 provides that, "The Supreme Court makes its own rules governing

748-536: A blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution. Article I, as is usual for constitutions, establishes the rights and freedoms inherent people and relevant operation of the government. The rights discussed in this Article largely mirror the Constitution of the United States . Such rights include freedom of speech ,

935-546: A brief skirmish at Lexington, followed by the full-scale Battles of Lexington and Concord. British troops suffered around 300 casualties before withdrawing to Boston , which was then besieged by the militia. In May 1775, 4,500 British reinforcements arrived under Generals William Howe , John Burgoyne , and Sir Henry Clinton . On June 17, they seized the Charlestown Peninsula at the Battle of Bunker Hill ,

1122-479: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has

1309-528: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and

1496-802: A customs vessel in the June 1772 Gaspee Affair , then came to a head in 1773. A banking crisis led to the near-collapse of the East India Company , which dominated the British economy; to support it, Parliament passed the Tea Act , giving it a trading monopoly in the Thirteen Colonies . Since most American tea was smuggled by the Dutch, the act was opposed by those who managed the illegal trade, while being seen as yet another attempt to impose

1683-570: A decision, the Commission picks two (which assumes there are two dominant parties which have their favorites) and sends them to the New Jersey Supreme Court . A majority of the court (4 of 7) then picks the one that "by education and occupational experience, by prior public service in government or otherwise, and by demonstrated ability to represent the best interest of the people of this State." The sole content of Article III

1870-546: A frontal assault in which they suffered over 1,000 casualties. Dismayed at the costly attack which had gained them little, Gage appealed to London for a larger army, but instead was replaced as commander by Howe. On June 14, 1775, Congress took control of Patriot forces outside Boston, and Congressional leader John Adams nominated Washington as commander-in-chief of the newly formed Continental Army . On June 16, Hancock officially proclaimed him "General and Commander in Chief of

2057-510: A homestead statue is discussed. General laws enacted by legislature which permit municipalities to grant tax exemptions on buildings in blighted urban areas are legalized, with exceptions relating to the deduction's permanence. Income taxes are banned unless the revenue is placed into a specific perpetual fund, or if the taxer is receiving payments from the Federal Railroad Retirement Act, or similar. The credit of

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2244-455: A logistically challenging and dangerous operation. Meanwhile, the Hessians were involved in numerous clashes with small bands of Patriots and were often aroused by false alarms at night in the weeks before the actual Battle of Trenton . By Christmas they were tired, while a heavy snowstorm led their commander, Colonel Johann Rall , to assume no significant attack would occur. At daybreak on

2431-575: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,

2618-523: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution

2805-554: A predecessor of many contemporary "debt ceiling" clauses. The constitution was amended in 1875, mainly to conform to the Fourteenth and Fifteenth Amendments. Additionally, the state's amendments required that the legislature provide for a free public school system. 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

2992-580: A rearguard. Howe met with a delegation from the Second Continental Congress at the September Staten Island Peace Conference , but it failed to conclude peace, largely because the British delegates only had the authority to offer pardons and could not recognize independence. On September 15, Howe seized control of New York City when the British landed at Kip's Bay and unsuccessfully engaged

3179-548: A reminder that they are exercising more judicial functions. ⅔ of the votes, or 27 votes, are needed to convict, but the President of the Senate is excluded from the trial, so the required percentage is slightly higher than ⅔ of 40. The maximum penalty is removal from office with disqualification to hold further state office. However, the impeachment does not count towards the restriction on double jeopardy ; after being convicted by

3366-880: A riot started in Boston when the authorities seized the sloop Liberty on suspicion of smuggling. Tensions escalated further in March 1770 when British troops fired on rock-throwing civilians, killing five in what became known as the Boston Massacre . The Massacre coincided with the partial repeal of the Townshend Acts by the Tory-based North Ministry , which came to power in January 1770 and remained in office until 1781. North insisted on retaining duty on tea to enshrine Parliament's right to tax

3553-648: A second attack captured Fort Mifflin on November 16, while Fort Mercer was abandoned two days later when Cornwallis breached the walls. His supply lines secured, Howe tried to tempt Washington into giving battle, but after inconclusive skirmishing at the Battle of White Marsh from December 5 to 8, he withdrew to Philadelphia for the winter. On December 19, the Americans followed suit and entered winter quarters at Valley Forge ; while Washington's domestic opponents contrasted his lack of battlefield success with Gates' victory at Saratoga, foreign observers such as Frederick

3740-480: A struggle with Britain, but also split between American Patriots and American Loyalists. Patriots generally supported independence from Britain and a new national union in Congress, while Loyalists remained faithful to British rule. Estimates of numbers vary, one suggestion being the population as a whole was split evenly between committed Patriots, committed Loyalists, and those who were indifferent. Others calculate

3927-671: A threat to liberty in general. This led to increased sympathy for the Patriot cause locally, in the British Parliament, and in the London press. Throughout the 18th century, the elected lower houses in the colonial legislatures gradually wrested power from their governors. Dominated by smaller landowners and merchants, these assemblies now established ad-hoc provincial legislatures, variously called congresses, conventions, and conferences, effectively replacing royal control. With

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4114-401: Is also one of the first times that the colonies were referred to as "United States", rather than the more common United Colonies . On July 2, Congress voted for independence and published the declaration on July 4. At this point, the revolution ceased to be an internal dispute over trade and tax policies and had evolved into a civil war, since each state represented in Congress was engaged in

4301-468: Is banned. A free public school system is created, as well as a busing system. The appropriation of moneys into the public school system fund is legalized. The lands that are tidal or were within forty years ago are protected from riparian claims. Article IX involves amendments to the New Jersey state constitution. A potential amendment is submitted through the Senate or General Assembly. The amendment

4488-661: Is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then the Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union

4675-412: Is created, as well as the distribution of moneys into and from it. The "clearance, replanning, development or redevelopment of blighted areas" is made a public and state duty. The redevelopment of any of these properties is permitted to be completed by municipal, public, or private corporations. The continuing of appropriation of moneys to the corporation that completes the redevelopment after its completion

4862-595: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,

5049-664: Is provided by law. The "militia" is created, or what is now the National Guard . Regulation regarding nominations and appointments of generals and flag offices is described. The executive and administrative offices, departments, and instrumentalities of the State government are placed under the supervision of the Governor. The Governor has the ability to appoint the Secretary of State and the Attorney General with

5236-649: Is similar to that of the Federal level: an absolute majority in the lower house (the General Assembly) against the employee causes a trial to take place in the upper house (the State Senate) with the Chief Justice presiding. Unlike the Federal process, the oath necessary to participate in the impeachment sessions is specified and requires the senators to "truly and impartially" address the charge as

5423-497: Is the law that no senator or member of the General Assembly can hold any other Federal or State position, and also cannot be a judge. Further topics are discussed, including bills, agencies, subdivisions, and emergencies. A negative enumeration of legislative powers is included within the article. Among this list of powers denied are granting divorces, gambling (with obvious exceptions), and passing omnibus acts. Although

5610-559: Is the statement regarding separation of powers . The three branches ( executive , judicial , and legislative ) are created and defined. No individual can be affiliated with more than one unless the Constitution explicitly allows it. Before the constitution was amended, a vacancy in the Governor of New Jersey would be filled by the president of the New Jersey Senate , who would retain their Senate seat. Article IV establishes

5797-551: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,

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5984-445: Is voted upon by both of the houses. If it gathers at least three-fifths of both the Senate and the General Assembly, the amendment is to be submitted to be voted upon by the people of New Jersey. If a majority votes for the amendment, the amendment is voted on in the next legislative year. If the amendment is passed by a majority yet again, the amendment is to be submitted to be voted upon by the people of New Jersey. It also explains how

6171-695: The Appalachian Mountains also avoided the cost of an expensive military occupation. The Royal Proclamation of 1763 was designed to achieve these aims by refocusing colonial expansion north into Nova Scotia and south into Florida , with the Mississippi River as the dividing line between British and Spanish possessions in America. Settlement was tightly restricted beyond the 1763 limits, and claims west of this line, including by Virginia and Massachusetts , were rescinded despite

6358-478: The Battle of Brandywine on September 11, then allowing him to withdraw in good order. After dispersing an American detachment at Paoli on September 20, Cornwallis occupied Philadelphia on September 26, with the main force of 9,000 under Howe based just to the north at Germantown . Washington attacked them on October 4, but was repulsed. To prevent Howe's forces in Philadelphia being resupplied by sea,

6545-511: The Battle of Sullivan's Island on June 28, 1776, but it failed. A shortage of gunpowder led Congress to authorize a naval expedition against the Bahamas to secure ordnance stored there. On March 3, 1776, an American squadron under the command of Esek Hopkins landed at the east end of Nassau and encountered minimal resistance at Fort Montagu . Hopkins' troops then marched on Fort Nassau . Hopkins had promised governor Montfort Browne and

6732-533: The Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to

6919-710: The British West Indies and Britain and barred New England ships from the Newfoundland cod fisheries . The increase in tension led to a scramble for control of militia stores, which each assembly was legally obliged to maintain for defense. On April 19, a British attempt to secure the Concord arsenal culminated in the Battles of Lexington and Concord , which began the Revolutionary War. After

7106-852: The Burning of Norfolk on January 1, 1776. The siege of Savage's Old Fields began on November 19 in South Carolina between Loyalist and Patriot militias, and the Loyalists were subsequently driven out of the colony in the Snow Campaign . Loyalists were recruited in North Carolina to reassert British rule in the South, but they were decisively defeated in the Battle of Moore's Creek Bridge . A British expedition sent to reconquer South Carolina launched an attack on Charleston in

7293-966: The Continental Army and commanded by George Washington defeated the British Army . The conflict was fought in North America , the Caribbean , and the Atlantic Ocean . The war ended with the Treaty of Paris (1783) , which resulted in Great Britain ultimately recognizing the independence and sovereignty of the United States. After the British Empire gained dominance in North America with victory over

7480-637: The Continental Association ; based on a draft prepared by the First Virginia Convention in August, the association instituted economic sanctions and a full boycott of goods against Britain. While denying its authority over internal American affairs, a faction led by James Duane and future Loyalist Joseph Galloway insisted Congress recognize Parliament's right to regulate colonial trade. Expecting concessions by

7667-578: The Delaware River and winning small but significant victories at Trenton and Princeton . In the summer of 1777, as Howe was poised to capture Philadelphia , the Continental Congress fled to Baltimore . In October 1777, a separate northern British force under the command of John Burgoyne was forced to surrender at Saratoga in an American victory that proved crucial in convincing France and Spain that an independent United States

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7854-641: The Iroquois for their support, while US envoys urged them to remain neutral. Aware of Native American leanings toward the British and fearing an Anglo-Indian attack from Canada, Congress authorized a second invasion in April 1775. After the defeat at the Battle of Quebec on December 31, the Americans maintained a loose blockade of the city until they retreated on May 6, 1776. A second defeat at Trois-Rivières on June 8 ended operations in Quebec. British pursuit

8041-768: The Mississippi River , south of the Great Lakes , and north of the Floridas to the United States . [REDACTED]   Great Britain Combatants The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence , was an armed conflict that was part of the broader American Revolution , in which American Patriot forces organized as

8228-647: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by

8415-487: The New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery

8602-469: The Second Continental Congress appointed the Committee of Five : Thomas Jefferson , John Adams , Benjamin Franklin , Roger Sherman , and Robert Livingston . The declaration was written almost exclusively by Jefferson. Identifying inhabitants of the Thirteen Colonies as "one people", the declaration simultaneously dissolved political links with Britain, while including a long list of alleged violations of "English rights" committed by George III . This

8789-420: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes

8976-413: The Sugar Act and Stamp Act , which imposed additional taxes on the colonies to pay for defending the western frontier. In July 1765, the Whigs formed the First Rockingham ministry , which repealed the Stamp Act and reduced tax on foreign molasses to help the New England economy, but re-asserted Parliamentary authority in the Declaratory Act . However, this did little to end the discontent; in 1768,

9163-506: The Treaty of Aranjuez , though Spain did not formally ally with the Americans. Howe's replacement Henry Clinton intended to take the war against the Americans into the Southern Colonies . Despite some initial success, British general Cornwallis was besieged by a Franco-American force in Yorktown in September and October 1781. Cornwallis was forced to surrender in October. The British wars with France and Spain continued for another two years, but fighting largely ceased in North America. In

9350-459: The U.S. Bill of Rights , the document also still has "holdover" rights, or rights left over from fear of Britain during the Revolutionary War . These passages still do guarantee important rights to New Jerseyans, but violations are not necessarily common. Such rights include: 11. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when

9537-468: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to

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9724-428: The bicameral New Jersey Legislature , composed of 40 in the Senate and 80 in the General Assembly, and their apportionment amongst the state. The Apportionment Commission is created within the Legislature to modify the proration of legislative districts on a rolling basis, following every United States Census . It also creates the requirements for office, and the roles of the Senate and General Assembly. This includes

9911-520: The colonial legislatures agreed on the boundaries but disagreed on where to set them. Many settlers resented the restrictions entirely, and enforcement required permanent garrisons along the frontier, which led to increasingly bitter disputes over who should pay for them. Although directly administered by the Crown , acting through a local governor, the colonies were largely governed by native-born property owners. While external affairs were managed by London, colonial militia were funded locally but with

10098-516: The court system (the judicial branch ), including the Supreme Court . The article describes the kinds of cases the court takes as original jurisdiction . Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases , and defines the crime of treason . American Revolutionary War American and allied victory Great Britain cedes generally, all mainland territories east of

10285-430: The effective date of the Constitution is January 1, 1948, "except as herein otherwise provided." Article XI, the schedule, is the list of amendments to the Constitution in order of their addition. Sections I through IV, were adopted with the rest of the constitution. They lay out the process of supersession. The others were adopted as individual amendments. The Article orders the Legislature to pass all laws necessary for

10472-438: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced

10659-462: The honorably discharged and exemptions for senior citizens who live in apartments and may/may not be disabled are discussed. Pensions, disability, and retirement programs for federal railroad workers , or any state employees are described. Surviving spouses of deceased citizens, besides exceptions, are entitled to tax deductions. This article also restricts any citizen from receiving more than one tax deduction. The Legislature's right to instantiating

10846-400: The legislative , consisting of the bicameral Congress ( Article I ); the executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments ,

11033-438: The right to vote . It did not specify an amendment procedure and had to be replaced entirely in a constitutional convention . The succeeding constitution , adopted on June 29, 1844, restricted suffrage to white males. It separated the government's powers into judicial, legislative, and executive branches and granted the people (as opposed to the legislature) the ability to elect a governor. It also formally limited state debt,

11220-411: The states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing,

11407-445: The 26th, the American Patriots surprised and overwhelmed Rall and his troops, who lost over 20 killed including Rall, while 900 prisoners, German cannons and supplies were captured. The Battle of Trenton restored the American army's morale, reinvigorated the Patriot cause, and dispelled their fear of what they regarded as Hessian "mercenaries". A British attempt to retake Trenton was repulsed at Assunpink Creek on January 2; during

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11594-435: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering

11781-402: The American cause. The reduced Continental Army had dwindled to fewer than 5,000 men and was reduced further when enlistments expired at the end of the year. Popular support wavered, and morale declined. On December 20, 1776, the Continental Congress abandoned the revolutionary capital of Philadelphia and moved to Baltimore , where it remained until February 27, 1777. Loyalist activity surged in

11968-526: The Americans at the Battle of Harlem Heights the following day. On October 18, Howe failed to encircle the Americans at the Battle of Pell's Point , and the Americans withdrew. Howe declined to close with Washington's army on October 28 at the Battle of White Plains , and instead attacked a hill that was of no strategic value. Washington's retreat isolated his remaining forces and the British captured Fort Washington on November 16. The British victory there amounted to Washington's most disastrous defeat with

12155-421: The Articles, required legislative approval by all 13 of the newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while

12342-407: The Canadians. In Virginia, Dunmore's Proclamation on November 7, 1775, promised freedom to any slaves who fled their Patriot masters and agreed to fight for the Crown. British forces were defeated at Great Bridge on December 9 and took refuge on British ships anchored near Norfolk. When the Third Virginia Convention refused to disband its militia or accept martial law, Lord Dunmore ordered

12529-584: The Colonial Secretary Lord Germain , proposing a limited offensive against Philadelphia, while a second force moved down the Hudson from Canada. Burgoyne supplied several alternatives, all of which gave him responsibility for the offensive, with Howe remaining on the defensive. The option selected required him to lead the main force south from Montreal down the Hudson Valley, while a detachment under Barry St. Leger moved east from Lake Ontario. The two would meet at Albany , leaving Howe to decide whether to join them. Reasonable in principle, this did not account for

12716-424: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called

12903-411: The Congress could borrow money, it could not pay it back. No state paid its share of taxes to support the government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles,

13090-451: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under

13277-443: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We

13464-777: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware

13651-508: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes

13838-682: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776

14025-731: The Culper Spy Ring substantially increased the effective allocation and deployment of Continental regiments in the field. Throughout the war, Washington spent more than 10 percent of his total military funds on military intelligence . Washington split the Continental Army into positions on Manhattan and across the East River in western Long Island. On August 27 at the Battle of Long Island , Howe outflanked Washington and forced him back to Brooklyn Heights , but he did not attempt to encircle Washington's forces. Through

14212-639: The French in the Seven Years' War in 1763, tensions and disputes arose between Great Britain and the Thirteen Colonies over a variety of issues, including the Stamp and Townshend Acts . The resulting British military occupation led to the Boston Massacre in 1770. Among further tensions, the British Parliament imposed the Intolerable Acts in mid-1774. A British attempt to disarm the Americans and

14399-413: The Governor. It also contains provisions for apportioning ten districts of the lower house. If it is deadlocked, the Chief Justice of the New Jersey Supreme Court will appoint an 11th and then the vote is by absolute majority. It was passed on election day, 1966, but was first applied on January 17, 2006. This was superseded in 1995 by Article II, Section II. It took effect on December 7, 1978. Section VII,

14586-657: The Great were equally impressed with Germantown, which demonstrated resilience and determination. Over the winter, poor conditions, supply problems and low morale resulted in 2,000 deaths, with another 3,000 unfit for duty due to lack of shoes. However, Baron Friedrich Wilhelm von Steuben took the opportunity to introduce Prussian Army drill and infantry tactics to "model companies" in each Continental Army regiment, who then instructed their home units. Despite Valley Forge being only twenty miles away, Howe made no effort to attack their camp, an action some critics argue could have ended

14773-685: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had

14960-597: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and

15147-603: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced

15334-489: The New Jersey State Constitution reflects the turbulence and uncertainty of the moment. Its primary objective was to provide a basic governmental framework that would preempt New Jersey's fall into anarchy, yet the constitution served as the charter document for the state's government for the next 68 years. Among other provisions, it granted unmarried women and blacks who met property requirements

15521-517: The North administration, Congress authorized the extralegal committees and conventions of the colonial legislatures to enforce the boycott; this succeeded in reducing British imports by 97% from 1774 to 1775. However, on February 9 Parliament declared Massachusetts to be in a state of rebellion and instituted a blockade of the colony. In July, the Restraining Acts limited colonial trade with

15708-650: The Patriot victory at Concord, moderates in Congress led by John Dickinson drafted the Olive Branch Petition , offering to accept royal authority in return for George III mediating in the dispute. However, since the petition was immediately followed by the Declaration of the Causes and Necessity of Taking Up Arms , Colonial Secretary Lord Dartmouth viewed the offer as insincere and refused to present

15895-735: The Patriots erected Fort Mifflin and nearby Fort Mercer on the east and west banks of the Delaware respectively, and placed obstacles in the river south of the city. This was supported by a small flotilla of Continental Navy ships on the Delaware, supplemented by the Pennsylvania State Navy , commanded by John Hazelwood . An attempt by the Royal Navy to take the forts in the October 20 to 22 Battle of Red Bank failed;

16082-457: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of

16269-589: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of

16456-475: The Senate, is established. He may also nominate and appoint, with the consent of the Senate, judges of the inferior courts whose jurisdiction is only within one municipality. The term of office of Justices and Judges, including their retirement ages and pensions, is stated. Impeachment of Justices and Judges is also legalized, and their inabiling of powers until acquitted. During their term, the judges are restricted to one public office and may not practice law outside

16643-733: The Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division" of the New Jersey Superior Court . The Governor's power to appoint and nominate the judges of the Supreme and Superior Courts, with the consent of

16830-758: The Thirteen Colonies—;the Northern Theater and the Southern Theater —and a smaller but strategically important third one west of the Appalachian Mountains . On April 14, 1775, Sir Thomas Gage , Commander-in-Chief, North America and Governor of Massachusetts , received orders to take action against the Patriots. He decided to destroy militia ordnance stored at Concord, Massachusetts , and capture John Hancock and Samuel Adams , who were considered

17017-827: The Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783 was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating

17204-654: The Treaty of Paris, ratified on September 3, 1783, Great Britain acknowledged the sovereignty and independence of the United States, bringing the American Revolutionary War to an end. The Treaties of Versailles resolved Great Britain's conflicts with France and Spain and forced Great Britain to cede Tobago , Senegal , and small territories in India to France, and Menorca , West Florida and East Florida to Spain. The French and Indian War, part of

17391-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed

17578-478: The United States is the supreme law of the United States . It superseded the Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches:

17765-426: The United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite the protests of U.S. officials. When Barbary pirates began seizing American ships of commerce,

17952-548: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing

18139-518: The Whigs, Parliament initially rejected the imposition of coercive measures by 170 votes, fearing an aggressive policy would drive the Americans towards independence. However, by the end of 1774 the collapse of British authority meant both Lord North and George III were convinced war was inevitable. After Boston, Gage halted operations and awaited reinforcements; the Irish Parliament approved

18326-580: The activation of the new constitution. Existing instruments of government, contracts, officers, and judgments are continued unless they are expired, superseded, altered, or repealed. This is to prevent application as an ex post facto law or violation of the Contract Clause , both prohibited by the United States Constitution . The new legislature members are elected, and the process of election, term, and rotation are created. The members may be appointed to offices of government, likely new ones created at

18513-510: The administration of all State courts 'and, subject to law, the practice and procedure of all such courts.'" The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." "The trial divisions of

18700-460: The amendments are submitted to the people, i.e., all amendments are to be voted upon separately. Article X contains involves miscellaneous final addenda. Paragraph 1 states that "the seal of the State shall be kept by the Governor, or person administering the office of Governor, and used by him officially, and shall be called the Great Seal of the State of New Jersey ." The seal's design and

18887-634: The area of food. This slowed Burgoyne's progress and forced him to send out large foraging expeditions; on one of these, more than 700 British troops were captured at the Battle of Bennington on August 16. St Leger moved east and besieged Fort Stanwix ; despite defeating an American relief force at the Battle of Oriskany on August 6, he was abandoned by his Indian allies and withdrew to Quebec on August 22. Now isolated and outnumbered by Gates, Burgoyne continued onto Albany rather than retreating to Fort Ticonderoga, reaching Saratoga on September 13. He asked Clinton for support while constructing defenses around

19074-657: The army of the United Colonies." He assumed command on July 3, preferring to fortify Dorchester Heights outside Boston rather than assaulting it. In early March 1776, Colonel Henry Knox arrived with heavy artillery acquired in the Capture of Fort Ticonderoga . Under cover of darkness, on March 5, Washington placed these on Dorchester Heights, from where they could fire on the town and British ships in Boston Harbor. Fearing another Bunker Hill, Howe evacuated

19261-564: The base for American naval operations. After regrouping at Halifax in Nova Scotia, Howe set sail for New York in June 1776 and began landing troops on Staten Island near the entrance to New York Harbor on July 2. The Americans rejected Howe's informal attempt to negotiate peace on July 30; Washington knew that an attack on the city was imminent and realized that he needed advance information to deal with disciplined British regular troops. On August 12, 1776, Patriot Thomas Knowlton

19448-520: The behest of Article XI, Section I, Paragraph 2. The remaining sections are the amendments. For reasons unknown, this constitution has never been directly updated since its adoption. The amendments are enumerated in this Article. Essentially, this section of the article records the development of the constitution through amendments. Such amendments include the abolishment of the New Jersey Court of Errors and Appeals and Chancery , transferring

19635-625: The camp to a "squalid hell" and supplies were dangerously low. Burgoyne capitulated on October 17; around 6,222 soldiers, including German forces commanded by General Friedrich Adolf Riedesel , surrendered their arms before being taken to Boston, where they were to be transported to England. After securing additional supplies, Howe made another attempt on Philadelphia by landing his troops in Chesapeake Bay on August 24. He now compounded failure to support Burgoyne by missing repeated opportunities to destroy his opponent, defeating Washington at

19822-461: The cases before them and offices under the other courts, such as the New Jersey Supreme Court . The requirement of the Supreme Court of the United States that the apportionment of all state legislatures be by population is stated. It mainly consists of an interim list of districts and the number of Senators they can elect until the next United States Census comes around and is received by

20009-470: The city on March 17 without further loss and sailed to Halifax, Nova Scotia , while Washington moved south to New York City. Beginning in August 1775, American privateers raided towns in Nova Scotia, including Saint John , Charlottetown , and Yarmouth . In 1776, John Paul Jones and Jonathan Eddy attacked Canso and Fort Cumberland respectively. British officials in Quebec began negotiating with

20196-430: The civilian inhabitants that their lives and property would not be in any danger if they offered no resistance; they complied. Hopkins captured large stores of powder and other munitions that was so great he had to impress an extra ship in the harbor to transport the supplies back home, when he departed on March 17. A month later, after a brief skirmish with HMS  Glasgow , they returned to New London, Connecticut ,

20383-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to

20570-405: The colonial assemblies; combined with the lack of activity by Gage, opposition to the use of foreign troops allowed the Patriots to take control of the legislatures. Support for independence was boosted by Thomas Paine 's pamphlet Common Sense , which was published on January 10, 1776, and argued for American self-government and was widely reprinted. To draft the Declaration of Independence ,

20757-587: The colonies; the amount was minor, but ignored the fact it was that very principle Americans found objectionable. In April 1772, colonialists staged the first American tax revolt in Weare , New Hampshire against the British royal authority later referred to as the Pine Tree Riot . This occurrence would later inspire the design of the Pine Tree Flag . Tensions escalated following the destruction of

20944-603: The committee shared information and built alliances through secret correspondence, as well as employing secret agents in Europe to gather intelligence, conduct undercover operations, analyze foreign publications, and initiate Patriot propaganda campaigns. Paine served as secretary, while Benjamin Franklin and Silas Deane , sent to France to recruit military engineers, were instrumental in securing French aid in Paris. The Revolutionary War included two principal campaign theaters within

21131-647: The consent of the New Jersey Senate , though he also can appoint the Lieutenant Governor to serve as Secretary of State without consent of the Senate. He can also start inquiries into the conduct of officers and employees. Article VI creates the Judicial branch, and permits the establishment, alteration, and abolishment of any court other than the Supreme Court of New Jersey . Under the State Constitution, "'judicial power shall be vested in

21318-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in

21505-586: The country, being the head of both executive and legislative branches. An amendment was later passed to prevent the possibility of executive and legislative conflation in the future. The constitution has also been denounced for its unorganized composition. Paragraphs traditionally in Article I, e.g. the banning of ex post facto laws, are in Article IV "Legislative". United States Constitution [REDACTED] [REDACTED] The Constitution of

21692-945: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with

21879-418: The document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today

22066-484: The ending of the French threat in 1763, the legislatures expected less taxation, not more. At the same time, the huge debt incurred by the Seven Years' War and demands from British taxpayers for cuts in government expenditure meant Parliament expected the colonies to fund their own defense. The new taxes levied on subjects in the colonies proved highly burdensome in colonies such as North Carolina , particularly for

22253-637: The exception of Georgia , twelve colonies sent representatives to the First Continental Congress to agree on a unified response to the crisis. Many of the delegates feared that an all-out boycott would result in war and sent a Petition to the King calling for the repeal of the Intolerable Acts. However, after some debate, on September 17, 1774, Congress endorsed the Massachusetts Suffolk Resolves and on October 20 passed

22440-519: The exception of a minor skirmishing between the two armies which continued until March, Howe made no attempt to attack the Americans. The 1776 campaign demonstrated that regaining New England would be a prolonged affair, which led to a change in British strategy to isolating the north by taking control of the Hudson River , allowing them to focus on the south where Loyalist support was believed to be substantial. In December 1776, Howe wrote to

22627-473: The executive branch. It also sets out the terms of office for the governor and lieutenant governor, the succession of future governors, and the process of gubernatorial elections. The Governor is given total authority over clemency except in cases of impeachment . This is to bar him from pardon in his own impeachment, or disturbing cases of treason. His clemency powers extend to the ability to suspend and remit fines and forfeitures. The system of granting parole

22814-562: The face of enemy fire. The successes led to predictions that the British could win within a year. The British established winter quarters in the New York City area and anticipated renewed campaigning the following spring. On the night of December 25–26, 1776, Washington crossed the Delaware River , leading a column of Continental Army troops from today's Bucks County, Pennsylvania , to today's Mercer County, New Jersey , in

23001-604: The fact that each colony argued that their boundaries extended from the Atlantic Ocean to the Pacific Ocean . The vast exchange of territory ultimately destabilized existing alliances and trade networks between settlers and Indians in the west, while it proved impossible to prevent encroachment beyond the Proclamation Line. With the exception of Virginia and others deprived of rights to western lands,

23188-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await

23375-509: The final section of this constitution, was passed in a referendum on November 8, 2005, and takes full effect at noon , January 19, 2010, following the transfer of power to the next executive. The New Jersey State Constitution has been criticized, mainly for its disorganized succession plan, as seen following Governor Jim McGreevey 's 2004 resignation . Senate President Richard Codey assumed command, and since he legally held both positions, he temporarily had more power than any other governor in

23562-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing

23749-535: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be

23936-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that

24123-685: The funds the moneys are deposited in are discussed; the appropriation of moneys from the Sales and Use Tax Act are defined. A council of local mandates is created, and regulation regarding the appointment of the members for this body. Some moneys from the Corporate Business Tax Act are directed to the General Fund. The appropriation of moneys to the remediation of hazardous discharges and buildings that hold hazardous substances or public water supplies are discussed. A General Fund

24310-467: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and

24497-483: The judging of elections, the selection of officers, a journal of proceedings, and the inability to adjourn for a period of greater than three days without the consent of the other house. This article also allows the Legislature to appoint commissions, committees, and other bodies to help perform the functions of the Legislature. Regulations regarding members of the Legislature, including singularity of employment. This

24684-431: The letter and the spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at

24871-475: The logistical difficulties involved and Burgoyne erroneously assumed Howe would remain on the defensive; Germain's failure to make this clear meant he opted to attack Philadelphia instead. Burgoyne set out on June 14, 1777, with a mixed force of British regulars, professional German soldiers and Canadian militia, and captured Fort Ticonderoga on July 5. As General Horatio Gates retreated, his troops blocked roads, destroyed bridges, dammed streams, and stripped

25058-503: The loss of 3,000 prisoners. The remaining American regiments on Long Island fell back four days later. General Henry Clinton wanted to pursue Washington's disorganized army, but he was first required to commit 6,000 troops to capture Newport, Rhode Island , to secure the Loyalist port. General Charles Cornwallis pursued Washington, but Howe ordered him to halt. The outlook following the defeat at Fort Washington appeared bleak for

25245-706: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on

25432-495: The lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held the Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as

25619-409: The minority party which lost the general election prior to the census will have the upper hand in redistricting the state. Along with the other 12 appointed members, there is one "independent" member, who is to not have held office within the past five years. He is chosen by the other twelve members, yet is automatically the chairman of the Commission. On the occasion that the twelve members may not reach

25806-401: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that

25993-414: The night of August 28, Knox bombarded the British. Knowing they were up against overwhelming odds, Washington ordered the assembly of a war council on August 29; all agreed to retreat to Manhattan. Washington quickly had his troops assembled and ferried them across the East River to Manhattan on flat-bottomed freight boats without any losses in men or ordnance, leaving General Thomas Mifflin 's regiments as

26180-440: The night, Washington outmaneuvered Cornwallis, then defeated his rearguard in the Battle of Princeton the following day. The two victories helped convince the French that the Americans were worthy military allies. After his success at Princeton, Washington entered winter quarters at Morristown, New Jersey , where he remained until May and received Congressional direction to inoculate all Patriot troops against smallpox . With

26367-414: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president

26554-432: The officer enters the duties of office, the officer must subscribe an oath . Appointments for officers are based upon merit, fitness, and examinations . Fees are paid to the New Jersey State Treasury . The term of office for an officer commences on the day of the date of their commissions. The Auditor , who has a term of five years, is to be appointed by the New Jersey Senate and New Jersey General Assembly . The rest of

26741-477: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in

26928-431: The petition to the king. Although constitutionally correct, since George could not oppose his own government, it disappointed those Americans who hoped he would mediate in the dispute, while the hostility of his language annoyed even Loyalist members of Congress. Combined with the Proclamation of Rebellion , issued on August 23 in response to the Battle at Bunker Hill , it ended hopes of a peaceful settlement. Backed by

27115-431: The phrase omnibus acts is never formally used in this document, the actual wording skirts around the phrase: ...to avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other... Finally, an oath / affirmation is included that is required by members and officers of the Legislature before the person enters upon his/her duties. Article V enacts

27302-449: The poorer classes, and quickly became a source of much discontent. The 1763 to 1765 Grenville ministry instructed the Royal Navy to cease trading smuggled goods and enforce customs duties levied in American ports. The most important was the 1733 Molasses Act ; routinely ignored before 1763, it had a significant economic impact since 85% of New England rum exports were manufactured from imported molasses. These measures were followed by

27489-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against

27676-428: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of

27863-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on

28050-400: The principal instigators of the rebellion. The operation was to begin around midnight on April 19, in the hope of completing it before the American Patriots could respond. However, Paul Revere learned of the plan and notified Captain Parker , commander of the Concord militia, who prepared to resist. The first action of the war, commonly referred to as the shot heard round the world , was

28237-473: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,

28424-415: The principle of taxation by Parliament. In December 1773, a group called the Sons of Liberty disguised as Mohawk natives dumped 342 crates of tea into the Boston Harbor , an event later known as the Boston Tea Party . The British Parliament responded by passing the so-called Intolerable Acts , aimed specifically at Massachusetts, although many colonists and members of the Whig opposition considered them

28611-442: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting

28798-401: The proof is evident or presumption great... 16. 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. Article II lays out dates for elections of the Governor , the Lieutenant Governor , and members of the New Jersey Legislature . It establishes the qualifications necessary for voting and states

28985-444: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing

29172-523: The re-use of agricultural land for different purposes. Tax exemption is legalized, including the continued tax exemptions carried over from the previous constitution. Alteration or repeal of tax exemption is allowed, provided that the real or personal property is not used for "religious, educational, charitable or cemetery purposes, as defined by law, and owned by any corporation or association organized and conducted exclusively for one or more of such purposes and not operating for profit." Tax exemptions regarding

29359-410: The recruitment of new regiments, while allowing Catholics to enlist for the first time. Britain also signed a series of treaties with German states to supply additional troops . Within a year, it had an army of over 32,000 men in America, the largest ever sent outside Europe at the time. The employment of German soldiers against people viewed as British citizens was opposed by many in Parliament and by

29546-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward

29733-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it

29920-448: The resulting Battles of Lexington and Concord in April 1775 ignited the war. In June, the Second Continental Congress formalized Patriot militias into the Continental Army and appointed Washington its commander-in-chief. The British Parliament declared the colonies to be in a state of rebellion in August 1775. The stakes of the war were formalized with passage of the Lee Resolution by the Congress in Philadelphia on July 2, 1776, and

30107-483: The right of suffrage may be removed from certain convicted criminals. The process of absentee balloting is instituted, as well as the structure of voting by people currently in military service. The New Jersey Redistricting Commission is established, and the distribution of selection of its 13 members is discussed, who are to represent the "geographic, ethnic and racial diversity" of the state. The method of appointment of New Jersey Redistricting Commission members ensures

30294-500: The section details the duties of the State Auditor and the nomination/appointment of county prosecutors , county clerks, surrogates , and sheriffs . County prosecutors are nominated and appointed by the Governor. The term of office for county clerks and surrogates is five years, and for sheriffs three years. Impeachment and the process by which impeachment occurs are discussed: A state officer may be impeached while in office or for two years after leaving office. The impeachment process

30481-428: The senate, a person could then be tried by the judiciary and punished further. If this crime was listed according to Article II, Section I, Item 7, the offender can be disenfranchised . In Article VIII, taxation is created. It states the Legislature's duty to create laws "to provide the value of land" and the uniformity of these rules. Taxing of lands of agriculture is discussed, as well as taxation regulations regarding

30668-412: The split as 40% Patriot, 40% neutral, 20% Loyalist, but with considerable regional variations. At the onset of the war, the Second Continental Congress realized defeating Britain required foreign alliances and intelligence-gathering. The Committee of Secret Correspondence was formed for "the sole purpose of corresponding with our friends in Great Britain and other parts of the world". From 1775 to 1776,

30855-454: The state flag are not mentioned. Paragraph 2 provides for the salutation and protocol of giving grants and commissions . Paragraph 3 states that "All writs shall be in the name of the State. All indictments shall conclude: "against the peace of this State , the government and dignity of the same." Paragraph 4 provides for a rule of construction that words such as "person" and all pronouns include both sexes. Paragraph 5 provides that

31042-400: The state government. The powers of the Chief Justice of the Supreme Court are enumerated. Terms specifying costs of the facilities and materials used by the Justice Department are listed. Article VII involves the public officers and employees, including appointment/nomination, compensation, promotions, affirmations, and powers. The role of officers in the state government is discussed. Before

31229-422: The state is barred from being publicly or privately loaned. Any fiscal year plan which creates more than one percent debt and/or liabilities is banned. The voting on such plans in public elections is banned, as well as the creation of debt or liabilities "for purposes of war, or to repel invasion, or to suppress insurrection or to meet an emergency caused by disaster or act of God." Taxation of motor vehicle fuel, and

31416-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,

31603-448: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln

31790-495: The town. Morale among his troops rapidly declined, and an unsuccessful attempt to break past Gates at the Battle of Freeman Farms on September 19 resulted in 600 British casualties. When Clinton advised he could not reach them, Burgoyne's subordinates advised retreat; a reconnaissance in force on October 7 was repulsed by Gates at the Battle of Bemis Heights , forcing them back into Saratoga with heavy losses. By October 11, all hope of escape had vanished; persistent rain reduced

31977-519: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized

32164-398: The unanimous ratification of the Declaration of Independence two days later, on July 4, 1776. After a successful siege , Washington's forces drove the British Army out of Boston in March 1776, and British commander in chief William Howe responded by launching the New York and New Jersey campaign . Howe captured New York City in November. Washington responded by clandestinely crossing

32351-428: The wake of the American defeat, especially in New York state . In London, news of the victorious Long Island campaign was well received with festivities held in the capital. Public support reached a peak. Strategic deficiencies among Patriot forces were evident: Washington divided a numerically weaker army in the face of a stronger one, his inexperienced staff misread the military situation, and American troops fled in

32538-457: The wider global conflict known as the Seven Years' War , ended with the 1763 Peace of Paris , which expelled France from their possessions in New France . Acquisition of territories in Atlantic Canada and West Florida , inhabited largely by French and Spanish-speaking Catholics , led British authorities to consolidate their hold by populating them with English-speaking settlers. Preventing conflict between settlers and Indian tribes west of

32725-418: The young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for a bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as

32912-410: Was a viable possibility. France signed a commercial agreement with the rebels, followed by a Treaty of Alliance in February 1778. In 1779, the Sullivan Expedition undertook a scorched earth campaign against the Iroquois who were largely allied with the British. Indian raids on the American frontier, however, continued to be a problem. Also, in 1779, Spain allied with France against Great Britain in

33099-440: Was adopted on July 2, 1776. The American Revolutionary War was underway and George Washington had recently been defeated in New York , putting New Jersey in imminent danger of invasion. With Patriot and Tory factions plotting and battling each other, New Jersey was a state at war and was nearly a state at civil war. Composed in a span of five days and ratified only two days later, during this state of emergency, on July 2, 1776,

33286-425: Was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to the convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting

33473-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing

33660-420: Was initially blocked by American naval vessels on Lake Champlain until victory at Valcour Island on October 11 forced the Americans to withdraw to Fort Ticonderoga , while in December an uprising in Nova Scotia sponsored by Massachusetts was defeated at Fort Cumberland . These failures impacted public support for the Patriot cause, and aggressive anti-Loyalist policies in the New England colonies alienated

33847-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of

34034-414: Was ordered to form an elite group for reconnaissance and secret missions. Knowlton's Rangers , which included Nathan Hale , became the Army's first intelligence unit. When Washington was driven off Long Island , he soon realized that he would need to professionalize military intelligence. With aid from Benjamin Tallmadge , Washington launched the six-man Culper spy ring . The efforts of Washington and

34221-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at

34408-417: Was protected further by allowing states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in

34595-446: Was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery

34782-501: Was the Concession and Agreement , which was written in 1665 by the colony's proprietors Lord John Berkeley and Sir George Carteret , and included a provision granting religious freedom. After Berkeley and Carteret sold New Jersey to the Quakers, the colony was split into West and East Jersey . Each had its own constitution: the West Jersey Constitution (1681) and the East Jersey Constitution (1683). The two were reunited in 1702 by Queen Anne . New Jersey's first state constitution

34969-531: Was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to

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