New Jersey Assembly Bill ACR175

New Jersey 2022-2023 Regular Session

• Introduced: 2/23/23
• Refer: 2/23/23

Caption

Proposes constitutional amendment to establish initiative process for limited purpose of overturning New Jersey Supreme Court decisions and repealing statutes.

Impact

The introduction of ACR175 could significantly affect the balance of authority between the judicial and legislative branches in New Jersey. By allowing the electorate to challenge judicial decisions and repeal laws directly, this amendment could lead to increased public engagement in legislative matters. However, it could also raise concerns about the implications of popular opinion overriding judicial reasoning, which traditionally aims to uphold the rule of law and constitutional principles.

Summary

ACR175 proposes a constitutional amendment to the New Jersey Constitution that establishes an initiative process allowing voters to overturn decisions made by the New Jersey Supreme Court and repeal state statutes. This amendment aims to empower citizens by enabling them to place specific questions on the ballot, contingent upon gathering at least 100,000 signatures from New Jersey residents. If the public votes in favor of overturning a Supreme Court decision or repealing a statute, that decision would be nullified, effectively reinstating the law as it existed prior to that decision or statute's enactment.

Contention

Notable points of contention surrounding ACR175 include fears that it could undermine the stability of state legal precedents and create a mechanism for potential misuse by groups seeking to influence legislation based on fleeting public sentiments. Legislators have expressed concerns that if voters can easily overturn court decisions or repeal statutes, it might lead to legislative instability and unpredictability. Additionally, the amendment imposes certain restrictions, such as a six-month moratorium on enacting any new revenue-enhancing measures after a tax or fee is repealed, which could complicate future budgetary processes.