promoted by Rosi
Last Thursday, the Appellate Division of the Superior Court of New Jersey invalidated Gov. Christie’s abolition of the Council on Affordable Housing, ruling that New Jersey’s State Constitution and statutes do not allow Gov. Christie to unilaterally abolish independent agencies.
I’d previously outlined the case in a post here, shortly after oral argument on February 15. As I mentioned in that post, if the court had held that the Governor in fact had the power to abolish the boards of independent agencies, “then every time a board member of an independent agency makes a decision, she will be afraid of being fired if she disagrees with the Governor, the exact opposite of the intent of such agencies. No independent agency really would be independent.” The Court agreed, finding that only the Legislature, not the Governor, has the power to reorganize independent agencies.
The Court’s reasoning, in the decision available here, followed the conservative modes of legal reasoning that the Governor claims to believe in, following a careful statutory and constitutional reading. The Court relied on quotes from Associate Justice Antonin Scalia on the proper separation of powers in the original meaning of the Constitution to reject Governor Christie’s argument that the constitution gave him unlimited power to change the structure of state government, stating that “While the framers of our Constitution intended to create a strong executive in the office of Governor (perhaps the strongest in the United States), they also recognized the need to insulate functions and agencies from executive control.”