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The New Jersey Constitution Bill Of Attainder, Ex Post Facto Law

 The New Jersey Constitution Bill Of Attainder, Ex Post Facto Law

 

Article IV, Section VII, paragraph 2:

    • This prohibition is found in Article IV, Section VII, paragraph 2 of the New Jersey Constitution. 
  • Prohibited Laws:
    The New Jersey Constitution specifically states that the Legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. 
Ex Post Facto Laws:
  • An ex post facto law is one that retroactively changes the legal consequences of an action, making it criminal when it was not criminal at the time the action was committed, or increasing the penalty for a crime after it was committed. 
  • Bill of Attainder:
    A bill of attainder is a legislative act that inflicts punishment on an individual or group without a trial. 
  • Law impairing the obligation of contracts:
    This refers to a law that interferes with the terms of a contract, making it harder to enforce or invalidating it. 
  • Federal Constitution:
    Similar prohibitions against bills of attainder and ex post facto laws are also found in the United States Constitution. 
  • State Constitutions:
    Many state constitutions, including New Jersey's, also include similar prohibitions. 

Article IV, Section VII, paragraph 2 amended effective December 5, 2013.

3. The Legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract which existed when the contract was made.


Article I. Rights and Privileges.

1. All men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.


According to the New Jersey Constitution, "all men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

Natural rights:

  • This clause asserts that certain rights are inherent to all people and cannot be taken away, including the rights to life, liberty, and the pursuit of happiness. 
  • "All men":
    While the original language used the term "men," interpretations have evolved to encompass all people. 
  • Right to defend life and liberty:
    This section implies a right to protect oneself from harm and to live freely. 
  • Property rights:
    The constitution also guarantees the right to own and protect property. 
  • Pursuit of safety and happiness:
    This clause highlights the right to strive for personal well-being and safety. 
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 issue 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.

The New Jersey Constitution, in Article I, Paragraph 7, states that 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 issue 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. 

Here's a more detailed explanation:
  • Protection of Privacy:
    This section of the New Jersey Constitution, mirroring the Fourth Amendment of the U.S. Constitution, guarantees individuals the right to privacy and protection from unreasonable government intrusion into their lives, homes, and belongings. 
  • Unreasonable Searches and Seizures:
    It prohibits law enforcement or other government officials from conducting searches or seizing property without a legitimate justification. 
  • Warrant Requirement:
    Generally, a search or seizure is considered unreasonable unless it is conducted pursuant to a valid warrant. 
  • Probable Cause:
    A warrant can only be issued if there is probable cause, meaning a reasonable belief that a crime has been committed or evidence of a crime will be found in the place to be searched. 
  • Oath or Affirmation:
    The probable cause must be supported by a sworn statement or affirmation, ensuring the information provided is reliable. 
  • Specificity:
    The warrant must specifically describe the place to be searched and the items to be seized, limiting the scope of the search. 
  • Warrant Exceptions:
    There are some exceptions to the warrant requirement, where a search or seizure may be deemed legal even without a warrant, such as in cases of exigent circumstances, plain view, or consent. 
  • Standing:
    A defendant has standing to invoke this section if they have a reasonable expectation of privacy in the area searched or items seized. 

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