THE GOVERNOR’S COMMITTEE ON PREPARATORY RESEARCH FOR THE New Jersey Constitutional Convention
THE GOVERNOR – CONSTITUTIONAL POWER OF INVESTIGATION AND REMOVAL OF OFFICERS
by Abram S. Freedman Member of the New Jersey Bar
The subject-matter herein, as indicated in the title, is limited to the constitutional power vested in the governor to investigate and to remove state officers. Reference is made to comparable statutory authority but no attempt is made to cover that field.
In addition, there has been included the subject of the governor’s constitutional power to obtain reports from state departments and officers since such power may be regarded as incidental to the more inclusive power of investigation.
For convenience in presentation, the subject-matter is subdivided as follows:
- 1. In General
- 2. Reports
- 3. Investigation
- 4. Removal
Necessarily, there must be considerable overlapping in treatment in view of the common purpose frequently existing in the exercise of such powers; but, in the main, the bulk of the available material is presented under the appropriate heading.
1. In General
Initially, it should be observed that a strong executive in state government is comparatively a recent development. Our colonial history readily furnishes the cause. As noted by a member of the New Jersey Joint Committee:
“It has been pointed out by students of political science that in America there have been four periods in the development of State Constitutions.
* * *
During the first period – between the Revolution and the War of 1812 – the people of the Union still had uppermost in their minds the harassing experiences they, as colonists, had suffered at the hands of Royal Governors. Naturally, then, they had come to regard the office of Governor with suspicion. Thus, when drafting their own State Constitutions, they clothed the Executive with the least possible constitutional authority; and they made supreme the Legislature, which they came to regard as the protector of popular rights and as the safest and best agency of government in which to repose the people’s power.”1 New Jersey. Record of Proceedings of the Joint Committee of the New Jersey Legislature … to ascertain the sentiment of the people … as to change, 1942. Minority Report of D. A. Cavicchia, pp. 878 – 879.
During the first half of the 19th Century, the position of the
Previous Page in Book | Table of Contents | Next Page in Book
