THE HISTORICAL INFIRMITIES IN OUR STATE CONSTITUTION
A disclosure of the historical facts which have led to lax government in New Jersey with recommendations for improvement
INTRODUCTION
having to do with state roads, unemployment compensation and state taxes. In many fields, local government exercises concurrent jurisdiction with State Government and is able to enforce, even in the absence of state officials, the requirements of state law.
Local government is more important than State Government because it is closer to the people and provides them in their everyday lives with all the essential government services. State Government could suspend operations for indefinite periods without too serious consequences, but the suspension of local government, even for a short time, would quickly bring anarchy and disaster.
In the past, the framers of the State Constitution have concerned themselves mostly with the top layer and have overlooked the basic and vital character of the supporting sub-structure of local government. This neglect has led to many mischievous consequences which will subsequently be described.
The foundation of the state and local government of New Jersey is the people. The people in a very real sense are a part of the government, for they not only elect the principal officers, but also exercise a tremendous and controlling influence on its operations by that intangible force known as “public opinion.” If the public does not take an interest in public affairs or if through lack of knowledge it comes to unsound conclusions, then the very foundation of government crumbles and democracy itself is in danger.
The public, however, through no fault of its own, is greatly handicapped in properly discharging its functions of government. Too many laws confuse the public. Government is so complex that few, including public officers, understand it. This condition prevents the formation of an intelligent public opinion and leads to poor government.
Our ancestors understood and participated in government much more than we do. They, however, were not confronted by the mystery that baffles us today.
The only proposal made so far to meet this problem is that Assemblies meet every two years instead of annually. Such a provision in the new Constitution would not correct the evil, for it would be merely treating a symptom and not the disease.
The subject of government could be greatly simplified. To do so it is necessary to retrace our steps over the past 150 years and to learn the causes for the decline of our system. Until we know the causes, we cannot supply the remedy. The Legislature does not pass four or five hundred new laws every session merely because it desires to do so. It cannot help itself. It is caught in a vicious historical spiral from which it cannot extricate itself. The law of government can be reduced to general principles easy to comprehend. When that is done, government will not be a superficial
Previous Page in Book | Table of Contents | Next Page in Book