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- CONSTITUTION OF THE STATE
- OF NEW JERSEY
- (As amended to Jan. 1, 1975)
-
- PREAMBLE
-
- We, the people of the State of New Jersey, grateful to Al-
- mighty 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
-
- Sec. 1. All persons are by nature free and independent, and have
- certain natural and unalienable rights, among which are
- those of enjoying and defending life and liberty, of ac-
- quiring, possessing, and protecting property, and of pur-
- suing and obtaining safety and happiness
-
- Sec. 2. All political power is inherent in the people. Government
- is instituted 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.
-
- Sec. 3. No person shall be deprived of the inestimable privilege of
- worshiping Almighty God in a manner agreeable to the dic-
- tates of his own conscience; nor under any pretense whatever
- be compelled to attend any place of worship contrary to his
- faith and judgement; 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 minister or ministry, contrary to what he
- believes to be right or has deliberately and voluntarily
- engaged to perform.
-
- Sec. 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.
-
- Sec. 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 prin-
- ciples, race, color, ancestry or national origin.
-
- Sec. 6. Every person may freely speak, write and publish his senti-
- ments 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 libelous 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.
-
- Sec. 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
- issued 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.
-
-
- Sec. 8. No person shall be held to answer for a criminal offense,
- unless on the presentment or indictment of a grand jury,
- except in cases of impeachment, 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.
-
- Sec. 9. The right of trial by jury shall remain inviolate; but the
- legislature may authorize the trial of civil causes by a
- jury of six persons. The Legislature may provide 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. (This
- Article amended effective Dec. 4, 1973.)
-
- Sec. 10. In all criminal prosecutions the accused shall have the
- right to a speedy 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 compul-
- sory process for obtaining witnesses in his favor; and to
- have the assistance of counsel in his defense.
-
- Sec. 11. No person shall, after acquittal, be tried for the same of-
- fense. All persons shall, before conviction, be bailable by
- sufficient sureties, except for capital offenses when the
- proof is evident or presumption great.
-
- Sec. 12. Excessive bail shall not be required, excessive fines shall
- not be imposed, and cruel and unusual punishments shall not
- be inflicted.
-
- Sec. 13. No person shall be imprisoned for debt in any action, or on
- any judgement found upon contract, unless in cases of fraud;
- nor shall any person be imprisoned for a militia fine in
- time of peace.
-
- Sec. 14. The privilege of the writ of habeas corpus shall not be
- suspended, unless in case of rebellion or invasion the pub-
- lic safety may require it.
-
- Sec. 15. The military shall be in strict subordination to the civil
- power.
-
- Sec. 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.
-
- Sec. 17. Treason against the State shall consist only in levying war
- against it, or in adhering to its enemies, giving them aid
- and comfort. No person shall be convicted of treason, un-
- less on the testimony of two witnesses to the same overt
- act, or on confession in open court.
-
- Sec. 18. The people have the right freely to assemble together, to
- consult for the common good, to make known their opinions to
- their representatives, and to petition for redress of griev-
- ances.
-
- Sec. 19. Persons in private employment shall have the right to organ-
- ize 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 subdivisions or agen-
- cies, their grievances and proposals through representatives
- of their own choosing.
-
- Sec. 20. Private property shall not be taken for public use without
- just compensation. Individuals or private corporations
- shall not be authorized to take private property for public
- use without just compensation first made to the owners.
-
- Sec. 21. This enumeration of rights and privileges shall not be con-
- strued to impair or deny others retained by the people.
-
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