Bill > SCR72

Introduced Session

For many years, courts in general, and the New Jersey Courts in particular, have assumed the authority to impose policy determinations upon an unwilling populace under the guise of "interpreting" the Constitution. Too often, these determinations, on matters such as land use and school funding, lack even a hint of true constitutional authority. The right of the people to avail themselves of their elected officials is the most basic feature of a republican form of government. When an unelected judiciary usurps the policymaking power of the Legislative branch, this right is significantly diminished. The people, in establishing and amending the Constitution, did not intend to disenfranchise themselves. This amendment seeks to ensure their right of participation. This constitutional amendment provides that the Court shall, when considering constitutional challenges to actions by government, interpret the provisions of the constitution consistently with the intention of the people adopting them. The proposed amendment makes it clear that it is the people, not the courts, who establish the appropriate scope of constitutional provisions. Judges are not, simply by virtue of the office they hold, endowed with the authority to second guess the people, to "fill gaps" that the people might have left, to establish new rights, or to circumscribe old ones. To the extent that a particular provision of the Constitution may not be sufficient for modern circumstances, it is for the people, not the courts, to address that change. In the school funding cases, the courts have commandeered the uniquely legislative authority to determine what to spend and where to spend it. The people have never delegated this authority to an unelected judiciary. This amendment ensures that the courts are deprived of any jurisdiction to limit the authority of the Legislature to spend as it sees fit. At the same time, it preserves the ability of the court to act in such cases as the Legislature permits it to act, such as in tort claims cases, etc. This constitutional amendment provides that if the Legislature determines that any decision violates the provisions of this constitutional amendment or is otherwise inconsistent with the intent of the Legislature, the Legislature may invalidate the decision, in whole or in part, by a vote of a two-thirds majority of the authorized membership of each House in favor of a concurrent resolution providing for invalidation.

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Parker Space (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document