Fact sheet: The Unique Constitutional Powers of the NJ Governor
The spotlight on New Jersey in 2025 couldn’t be more intense, with the coming election of the first new governor in eight years and the job’s unprecedented role in the face of a Trump administration on a rampage.
The choice is clear. We MUST elect Mikie Sherrill as our next Governor.
If you are concerned about the direction being taken by our federal government right now, consider this: Jack Ciattarelli says he will do whatever Trump wants.
Because of the 1947 Constitution, the New Jersey governorship is now arguably the most powerful in the country. The governor appoints all state judges and prosecutors, as well as agency heads and state board and commission members. Through the budget process and the veto pen, the governor controls billions in state finances. The power of the governor’s executive order is also profound; it’s essentially the power to write laws unilaterally. And, until just a few years ago with the addition of a lieutenant governor, the governorship position was the only statewide elected office in New Jersey’s government.
From someone who knows: “The New Jersey governorship was the best job in the country, because it was the most powerful. I could do things that no other governor could do.”
— Former Gov. Thomas Kean
Fueled by the immense power of the governor’s office, Jack Ciattarelli and his MAGA agenda would be extremely dangerous for New Jersey and everything we care about. And for those saying that a Democratic legislature would be a check on a Republican governor—remember that Chris Christie had a Democratic legislature. And even Christie, who overlapped with Trump’s first term for one year, never said he loved Trump’s MAGA agenda.
Jack would be even worse. He has promised to gut the state budget, defund our schools, and defund Planned Parenthood, among many other things. He has said that if Trump does something illegal, he will not challenge him in court. And he has definite and dangerous ideas about using the serious clout of the governor’s office. It’s worth taking a closer look at the New Jersey governor’s role and the power it will convey to the winner of November’s election.
To start, check out Why New Jersey's Governor Matters So Much, a comprehensive explainer from NJ Spotlight News’ ‘Under the Dome’ reporting project, which explores our state government, its impacts — and the considerable powers of the governor.
The Governor’s Power
Let’s take a look at the unusually broad powers a New Jersey governor has at their disposal.
The Conditional Veto: The governor can veto legislation (unless 2/3 of each house votes to override) AND can also change budget figures and rewrite content of legislation. For instance, Chris Christie used his veto to sink a bill that would have raised the minimum wage from $7.25 to $8.50 per hour. And on five separate occasions, Christie vetoed a bill to implement a millionaire tax.
Shaping State House Officialdom: The governor controls appointments of executive officials including Attorney General, Secretary of State, NJ State Treasurer, NJ State Comptroller, Chair of Civil Service Commission, Head of the Economic Development Authority, New Jersey Commission on Capital Budgeting and Planning, State Ethics Commission.
“One of the most important decisions a New Jersey governor makes is appointing the attorney general and the 21 county prosecutors.”
—Amol Sinha, executive director of the ACLU of New Jersey
The Governor as Chief Prosecutor: Unlike in 45 other states, New Jersey voters do not elect their county prosecutors. Instead, the governor selects them, as discussed in this piece by journalist Daniel Nichanian of Bolts. The governor also selects the state’s attorney general, who can issue directives that bind local law enforcement, including prosecutor’s offices. That means that the state’s next governor will have opportunities to directly shape local prosecution policy.
Executive orders: The executive order is an increasingly important tool in the governor’s office. At 387 and counting, Murphy’s list of executive orders is easily the longest of any governor’s in the last four decades. (Chris Christie’s total comes in second at 241.) Murphy’s most significant orders so far have concerned the COVID-19 pandemic and the state of emergency that he declared, directing state and local governments — and indeed much of civic life — in unprecedented ways. More recently, he signed an order to stockpile mifepristone, a medication used in abortions, in the face of anti-choice policies supported by the Republican majorities in Congress.
Other governors have wielded executive orders with significant consequences. Former Gov. Brendan Byrne used an executive order to stop all building in the 1 million-acre Pinelands, leading to the Pinelands Preservation Reserve. Kean did the same to block wetlands development, leading to the Wetlands Preservation Act.
Jack’s Agenda: Maximizing MAGA In Trenton
Now, let’s take a look at how Jack pictures the power of the governorship.
His Own State Supreme Court: Here’s Jack promising he’ll nominate extremist judges to the State Supreme Court, and destroy the bipartisan balance our Court is known for. And here’s Jack talking about the Court during the Oct. 8th debate: "I will get to nominate four new supreme court justices and quite frankly I think that's Donald Trump's greatest legacy, his transformation of the federal bench."
A Retaliatory Agenda: Jack Ciattarelli has said he wants to flex the governor’s appointment power to secure more punitive outcomes, promising to appoint “conservative state judges and county prosecutors” who’ll ramp up pretrial detention. While crime in New Jersey is lower than eight years ago, when Ciattarelli first ran for governor, his campaign has portrayed the state as rife with danger and blamed immigrants and the bipartisan bail reform passed a decade ago, which he has said he wants to scrap.
Rescinding AG Directives: Ciattarelli plans to rescind directives by AGs Gurbar Grewal and Matt Platkin, notably:
The Immigrant Trust Directive, which clarifies the line between federal authorities and state/county/local law enforcement, and limits the kinds of voluntary assistance that New Jersey law enforcement officers may provide to federal immigration authorities.
The Police Use Of Force Directive, the first update to the state’s “use of force” policy in two decades, which specifies important guidance on uses of force by law enforcement officers when interacting with civilians.
A Road Map To Regression?
We’ve looked at some things Jack has already said about what he’d do with the powers of the governorship. Another indicator would be the record of the last Republican to hold the office. Look at just some of what Chris Christie did.
Christie’s Veto Wrecking Ball: Here are just a few examples of how Chris Christie used his veto power:
- Minimum wage: Veto of bill in 2010 that would have raised the minimum wage from $7.25 to $8.50 per hour (and another wage-hike veto from 2016)
- Millionaires tax: Veto of bill to implement a millionaire tax on five separate occasions (here’s one example)
- Same sex marriage: Veto of same-sex marriage legalization bill in 2012
- Fracking: Veto of hydraulic fracturing ban
- Gun control: Veto of bills regarding mental health records and firearm purchases
Christie’s Bad Budget/Administrative Moves:
Hudson tunnel funding cancellation: In 2010, Christie cancelled the ARC project, which would have constructed two new tunnels under the Hudson River and a new terminal station in New York City for NJ Transit commuter trains
Greenhouse gas compact: Christie unilaterally withdrew NJ from Regional Greenhouse Gas Initiative in 2011
Exxon Mobil settlement: Christie settled lawsuit with ExxonMobil, allowing the corporation to pay $225 million in damages for environmental contamination at two sites, less than 3% of the $8.9 billion that the state's lawyers had sought, and extended the compensation to cover other damages not named in the original lawsuit
Christie’s Interference With County Prosecutors:
Pushed out Hunterdon County prosecutor: Christie replaced Hunterdon County prosecutor at a time he was investigating an ally of Christie’s, Sheriff Deborah Trout
In Conclusion:
Jack Ciattarelli’s current campaigning demonstrates that he wants to use the power of New Jersey’s governorship to settle scores and prop up Trump’s agenda. Jack and his buddy Donald Trump threaten New Jerseyans. That’s a future New Jersey can do without.
We need a governor who will take the potent force of the office to fight back against the cruelty and destruction coming out of Washington, and who will defend the programs that working people rely on. Like Social Security. Like Medicare and Medicaid. Like our schools.