|Preliminary Action • Ordinance • Preamble • 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • XVIII • 19 • Election Ordinance|
- 1 Features
- 2 Preamble
- 3 Article 1: Declaration of Rights
- 4 Article 2: Right of Suffrage
- 5 Article 3: Distribution of Powers
- 6 Article 4: Legislative Department
- 7 Article 5: Executive Department
- 8 Article 6: Judicial Department
- 9 Article 7: Impeachment and Removal From Office
- 10 Article 8: Municipal and Other Corporations
- 11 Article 9: Finance and State Debt
- 12 Article 10: Taxation
- 13 Article 11: Education
- 14 Article 12: Militia
- 15 Article 13: Public Institutions
- 16 Article 14: Boundary
- 17 Article 15: Miscellaneous Provisions
- 18 Article 16: Amendments
- 19 Article 17: Schedule
- 20 Article 18: Right of Suffrage
- 21 Article 19: Initiative and Referendum
- 22 Amending the constitution
- 23 History
- 24 See also
- 25 External links
- 26 Additional reading
- 27 References
The Nevada Constitution consists of the following: two prefix provisions, a preamble, 19 articles (one of which has been repealed) and a suffix provision.
- The first prefix provision, Preliminary Action, requires that the state hold a constitutional convention;
- The second prefix provision, Ordinance establishes certain mandates (including the prohibition of slavery, recognition of religious freedom, and a declaration that public lands are the property of the United States). Later amendments changed this provision.
- The suffix provision specified how the election for the constitution was to be established.
- Article 1, Section 22 provides "Only a marriage between a male and female person shall be recognized and given effect in this state."
- Article 2, Section 10 requires the legislature to set a limit on initiative, referendum, primary or general election contributions to $5,000 each, and to provide for felony penalties for contributions above this limit.
- Article 4, Section 38 permits the use of medical marijuana.
- Article 5, Section 3 limits the Nevada Governor to two terms, or one if (s)he has served more than two years of someone else's term.
- Article 15, Section 16 sets a minimum wage of $5.15 per hour if the employer provides health insurance, or $6.15 if not.
- The Nevada Constitution can be amended by the state's voters through the citizen initiative process. In Nevada, it is a two-step process. If an initiative is submitted to the state's voters and they approve it, it will be re-submitted to them at another general election in two years. If they again approve of the measure, it will become part of Nevada's constitution.
- Article 18, the Right of Suffrage was repealed in 1992.
- See also: Preambles to state constitutions
The preamble of the Nevada Constitution states:
Article 1 of the Nevada Constitution is entitled "Declaration of Rights" and consists of 22 sections.
Article 2 of the Nevada Constitution is entitled "Right of Suffrage" and consists of 11 sections.
Article 3 of the Nevada Constitution is entitled "Distribution of Powers" and consists of a single section.
Article 4 of the Nevada Constitution is entitled "Legislative Department" and consists of 39 sections.
Article 5 of the Nevada Constitution is entitled "Executive Department" and consists of 22 sections.
Article 6 of the Nevada Constitution is entitled "Judicial Department" and consists of 39 sections.
Article 7 of the Nevada Constitution is entitled "Impeachment and Removal from Office" and consists of five sections.
Article 8 of the Nevada Constitution is entitled "Municipal and Other Corporations" and consists of ten sections.
Article 9 of the Nevada Constitution is entitled "Finance and State Debt" and consists of five sections.
Article 10 of the Nevada Constitution is entitled 'Taxation" and consists of seven sections.
Article 11 of the Nevada Constitution is entitled "Education" and consists of ten sections.
Article 12 of the Nevada Constitution is entitled "Militia" and consists of two sections.
Article 13 of the Nevada Constitution is entitled "Public Institutions" and consists of three sections, the last of which was repealed in 1937.
Article 14 of the Nevada Constitution is entitled "Boundary" and has only one section.
Article 15 of the Nevada Constitution is entitled "Miscellaneous Provisions" and consists of 17 sections.
Article 16 of the Nevada Constitution is entitled "Amendments" and consists of two sections.
Article 17 of the Nevada Constitution is entitled "Schedule" and consists of 26 sections.
Article XVIII of the Nevada Constitution is entitled "Right to Suffrage" and was repealed in 1992.
Article 19 of the Nevada Constitution is entitled "Initiative and Referendum" and consists of eight sections.
Amending the constitution
- An amendment can be proposed in either chamber of the state legislature.
- A majority of the members of both chambers must approve the proposed amendment.
- After the next general election for members of the state legislature, the proposed amendment must be considered again, and again approved by a majority of the members of both chambers.
- The state legislature can call a special election for the proposed amendment(s) if they wish.
- The amendment is then put to a vote of the people. If "a majority of the electors qualified to vote for members of the Legislature voting thereon" vote in favor of it, the measure becomes part of the constitution unless it is precluded by Section 2 of Article 19.
- If two amendments are proposed at the same election that contradict each other, the one that gets the most votes becomes part of the constitution.
- If two-thirds of the Nevada State Legislature votes in favor, a question about whether to hold a constitutional convention goes on a statewide ballot. That election must be held at the same time as an election is being held for members of the state legislature (that is, a constitutional convention question can't go on a special election ballot).
- A majority vote -- but not a simple majority vote -- of the statewide electorate is required to generate a convention: "In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question."
- Signatures equalling 10% of the number of voters who voted at the last preceding general election must be collected to qualify an amendment for the ballot, and these signatures are subject to a distribution requirement
- If an initiated constitutional amendment wins in one election, it must win again at the next general election in an even-numbered year for it to become part of the constitution.
- Nevada is the only state that requires that a citizen-initiated amendment be voted on twice. The same requirement does not apply to legislatively-referred constitutional amendments in the state.
Note: The Nevada State Legislature has proposed that Sections 2 and 3 be amended. This election will occur in November 2010. Section 2 (Proposed) and Section 3 (Proposed) will take effect on November 23, 2010 if they are approved by the statewide electorate.
The Nevada Constitution was created at a constitutional convention on July 4, 1864, in Carson City, Nevada. The convention adjourned on July 28 and the constitution took effect on October 31, when President Abraham Lincoln declared Nevada to be a state.
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Nevada State Legislature, "Nevada Constitution"
- Online Nevada Encyclopedia (ONE), "Nevada Statehood"
- Bowers, Michael W. (2014). The Nevada State Constitution, New York, New York: Oxford University Press
- Bushnell, Eleanor, and Don Driggs. (1984). The Nevada Constitution: Origin and Growth, Reno, Nevada: University of Nevada Press
- Johnson, David Alan. (1992). Founding the Far West: California, Oregon, and Nevada, 1840-1890, Berkeley, California: University of California Press