In but not of

"In but not of" or "In, but not of" is a term used in New Jersey statutory law.

Legal background

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, the New Jersey Legislature coined the term in but not of as a legal fiction. 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. In effect, the agency reports directly to the Governor of New Jersey.

Examples

, in but not of New Jersey Department of Education
New Jersey Cannabis Regulatory Commission, in but not of New Jersey Department of the Treasury
Council on Affordable Housing, in but not of New Jersey Department of Community Affairs