New Jersey Senate Bill SCR73

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

Impact

The proposed amendment seeks to significantly alter the balance of power between the legislative and judicial branches in New Jersey. By permitting the Legislature to overturn court decisions, it intends to reassert legislative control over policy issues that the courts may have previously adjudicated. This change is justified by its proponents as a necessary measure to prevent unelected judges from imposing their interpretations of the Constitution on the public, particularly in areas like land use and school funding where legislative authority is perceived to have been undermined.

Summary

SCR73 is a Senate Concurrent Resolution proposing a constitutional amendment to the New Jersey Constitution that would grant the Legislature the authority to invalidate certain court decisions. This resolution aims to amend Article VI by adding a new section that emphasizes the exclusive power of the people to create and amend the Constitution, ensuring that courts interpret provisions consistent with the original intent of the populace. If adopted, the Legislature would be able to invalidate any court ruling deemed inconsistent with this amendment by a two-thirds majority vote in both Houses.

Contention

Critics of SCR73 express concerns that this amendment could undermine judicial independence and disrupt the essential system of checks and balances inherent in a democratic government. Opponents argue that allowing the Legislature to invalidate court decisions risks politicizing judicial outcomes and could impede citizens' rights to challenge governmental actions in court. Furthermore, it raises questions about judicial accountability and the safeguarding of constitutional rights, as it may lead to greater legislative overreach and diminish the judiciary's role as a protector of minority rights against majority rule.