In but not of

Article V, section IV, paragraph 1, of the Constitution of New Jersey, adopted in 1947, states: This means that, unlike the US federal government, New Jersey does not allow for the creation of independent agencies of the Executive branch that exist outside of a Cabinet department.

To get around this restriction (without having to amend the State Constitution), the New Jersey Legislature coined the term in but not of as a legal fiction.

[2] The statute creating an agency will state that the agency is nominally organized in but not of a Cabinet department, but the Cabinet department head has no oversight authority over the agency.

[2] In effect, the agency reports directly to the Governor of New Jersey.

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