Difference between revisions of "Nevada Constitution"

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{{NVConstitution}}{{TOCnestright}}'''The Constitution of the State of Nevada''' is a [[state constitution]] and the fundamental governing document of [[Nevada]].  It was created in 1864 at a convention on July 4 in Carson City, Nevada.  The convention adjourned on July 28, was approved by public vote on the 1st Wednesday in September, and became effective on October 31, when on that date President Abraham Lincoln declared [[Nevada]] to be a state.
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{{NVConstitution}}{{tnr}}'''The Constitution of the State of Nevada''' is the fundamental governing document of [[Nevada]].   
  
Nevada's 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.
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==Features==
 +
The Nevada Constitution consists of two prefix provisions, a preamble, 19 articles (one having been repealed) and a suffix provision.<ref name="nv"/>
 +
===General provisions===
 +
* The first prefix provision, ''Preliminary Action'', which defines the requirement that the state have a constitutional convention;
 +
* The second prefix provision, ''Ordinance'' declares certain mandates applicable to the state, including a prohibition on slavery, religious freedom, and declaring the public lands to be property of the United States.  Later amendments changed this provision.
 +
* The suffix provision specified how the election for the constitution was to be established.
 +
===Miscellaneous provisions===
 +
* [[Article 1, Nevada Constitution|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, Nevada Constitution|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, Nevada Constitution|Article 4, Section 38]] permits the use of medical marijuana.
 +
* [[Article 5, Nevada Constitution|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, Nevada Constitution|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 XVIII, Nevada Constitution|Article 18]], the Right of Suffrage was repealed in 1992.
  
 
==[[Preamble, Nevada Constitution|Preamble]]==
 
==[[Preamble, Nevada Constitution|Preamble]]==
 
 
:: ''See also: [[Preambles to state constitutions]]''
 
:: ''See also: [[Preambles to state constitutions]]''
  
The preamble of the Nevada Constitution is:
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The preamble of the Nevada Constitution states:
  
:''We the people of the State of Nevada Grateful to Almighty God for our freedom in order to secure its blessings, insure domestic tranquility, and form a more perfect Government, do establish this Constitution.''
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{| style="width:40%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
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|color:#000"|
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|-
 +
|
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| <center>''We the people of the State of Nevada Grateful to Almighty God for our freedom in order to secure its blessings, insure domestic tranquility, and form a more perfect Government, do establish this Constitution.''<ref name="nv">[http://leg.state.nv.us/Const/NVConst.html ''Nevada State Legislature'', "Nevada Constitution," accessed March 30, 2014]</ref></center>
 +
|}
  
==General provisions==
+
==[[Article 1, Nevada Constitution|Article 1: Declaration of Rights]]==
 +
Article 1 of the Nevada Constitution is entitled "Declaration of Rights" and consists of 22 sections.
  
The current document as shown on the Website of the Secretary of the State of Nevada, shows the document to have two prefix provisions; a preamble; 19 articles (one having been repealed); and a suffix provision
+
==[[Article 2, Nevada Constitution|Article 2: Right of Suffrage]]==
* The first prefix provision, ''Preliminary Action'', which defines the requirement that the state have a constitutional convention;
+
Article 2 of the Nevada Constitution is entitled "Right of Suffrage" and consists of 11 sections.  
* The second prefix provision, ''ordinance'' declares certain mandates applicable to the state, including a prohibition on slavery, religious freedom, and declaring the public lands to be property of the United States.  Later amendments changed this provision.
+
* The suffix provision specified how the election for the constitution was to be established.
+
  
The articles of the Nevada Constitution are as follows:
+
==[[Article 3, Nevada Constitution|Article 3: Distribution of Powers]]==
#[[Article 1, Nevada Constitution|Declaration of Rights]]
+
Article 3 of the Nevada Constitution is entitled "Distribution of Powers" and consists of a single section.
#[[Article 2, Nevada Constitution|Right of Suffrage]]
+
 
#[[Article 3, Nevada Constitution|Distribution of Powers]]
+
==[[Article 4, Nevada Constitution|Article 4: Legislative Department]]==
#[[Article 4, Nevada Constitution|Legislative Department]]
+
Article 4 of the Nevada Constitution is entitled "Legislative Department" and consists of 39 sections.
#[[Article 5, Nevada Constitution|Executive Department]]
+
 
#[[Article 6, Nevada Constitution|Judicial Department]]
+
==[[Article 5, Nevada Constitution|Article 5: Executive Department]]==
#[[Article 7, Nevada Constitution|Impeachment and Removal From Office]]
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Article 5 of the Nevada Constitution is entitled "Executive Department" and consists of 22 sections.
#[[Article 8, Nevada Constitution|Municipal and Other Corporations]]
+
 
#[[Article 9, Nevada Constitution|Finance and State Debt]]
+
==[[Article 6, Nevada Constitution|Article 6: Judicial Department]]==
#[[Article 10, Nevada Constitution|Taxation]]
+
Article 6 of the Nevada Constitution is entitled "Judicial Department" and consists of 39 sections.
#[[Article 11, Nevada Constitution|Education]]
+
 
#[[Article 12, Nevada Constitution|Militia]]
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==[[Article 7, Nevada Constitution|Article 7: Impeachment and Removal From Office]]==
#[[Article 13, Nevada Constitution|Public Institutions]]
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Article 7 of the Nevada Constitution is entitled "Impeachment and Removal from Office" and consists of five sections.
#[[Article 14, Nevada Constitution|Boundary]]
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#[[Article 15, Nevada Constitution|Miscellaneous Provisions]]
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==[[Article 8, Nevada Constitution|Article 8: Municipal and Other Corporations]]==
#[[Article 16, Nevada Constitution|Amendments]]
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Article 8 of the Nevada Constitution is entitled "Municipal and Other Corporations" and consists of ten sections.
#[[Article 17, Nevada Constitution|Schedule]]
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#[[Article XVIII, Nevada Constitution|Right of Suffrage]]; Repealed in 1992
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==[[Article 9, Nevada Constitution|Article 9: Finance and State Debt]]==
#[[Article 19, Nevada Constitution|Initiative and Referendum]]
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Article 9 of the Nevada Constitution is entitled "Finance and State Debt" and consists of five sections.
 +
 
 +
==[[Article 10, Nevada Constitution|Article 10: Taxation]]==
 +
Article 10 of the Nevada Constitution is entitled 'Taxation" and consists of seven sections.
 +
 
 +
==[[Article 11, Nevada Constitution|Article 11: Education]]==
 +
Article 11 of the Nevada Constitution is entitled "Education" and consists of ten sections.
 +
 
 +
==[[Article 12, Nevada Constitution|Article 12: Militia]]==
 +
Article 12 of the Nevada Constitution is entitled "Militia" and consists of two sections.
 +
 
 +
==[[Article 13, Nevada Constitution|Article 13: Public Institutions]]==
 +
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, Nevada Constitution|Article 14: Boundary]]==
 +
Article 14 of the Nevada Constitution is entitled "Boundary" and has only one section.
 +
 
 +
==[[Article 15, Nevada Constitution|Article 15: Miscellaneous Provisions]]==
 +
Article 15 of the Nevada Constitution is entitled "Miscellaneous Provisions" and consists of 17 sections.
 +
 
 +
==[[Article 16, Nevada Constitution|Article 16: Amendments]]==
 +
Article 16 of the Nevada Constitution is entitled "Amendments" and consists of two sections.
 +
 
 +
==[[Article 17, Nevada Constitution|Article 17: Schedule]]==
 +
Article 17 of the Nevada Constitution is entitled "Schedule" and consists of 26 sections.
 +
 
 +
==[[Article XVIII, Nevada Constitution|Article 18: Right of Suffrage]]==
 +
Article XVIII of the Nevada Constitution is entitled "Right to Suffrage" and was repealed in 1992.
 +
 
 +
==[[Article 19, Nevada Constitution|Article 19: Initiative and Referendum]]==
 +
Article 19 of the Nevada Constitution is entitled "Initiative and Referendum" and consists of eight sections.
  
 
==Amending the constitution==
 
==Amending the constitution==
Line 65: Line 111:
 
'''Note:''' The [[Nevada State Legislature]] has proposed that [[Article 19, Nevada Constitution#Section 2|Sections 2]] and [[Article 19, Nevada Constitution#Section 3|3]] be amended.  This election will occur in [[Nevada 2010 ballot measures|November 2010]].  [[Article 19, Nevada Constitution#Section 2 (Proposed)|Section 2 (Proposed)]] and [[Article 19, Nevada Constitution#Section 3 (Proposed)|Section 3 (Proposed)]] will take effect on November 23, 2010 if they are approved by the statewide electorate.
 
'''Note:''' The [[Nevada State Legislature]] has proposed that [[Article 19, Nevada Constitution#Section 2|Sections 2]] and [[Article 19, Nevada Constitution#Section 3|3]] be amended.  This election will occur in [[Nevada 2010 ballot measures|November 2010]].  [[Article 19, Nevada Constitution#Section 2 (Proposed)|Section 2 (Proposed)]] and [[Article 19, Nevada Constitution#Section 3 (Proposed)|Section 3 (Proposed)]] will take effect on November 23, 2010 if they are approved by the statewide electorate.
  
==Miscellaneous provisions==
+
==History==
 +
The Nevada Constitution was created at a [[constitutional convention]] on July 4, 1864, in [[Carson City, Nevada]]. The convention adjourned on July 28, was approved by public vote on the first Wednesday in September and became effective on October 31, when President Abraham Lincoln declared [[Nevada]] to be a state.<ref>[http://www.citizensinchargefoundation.org/files/Nevada%20Constitution.pdf ''Citizens in Charge Foundation'', "The Constitution of the State of Nevada," accessed March 30, 2014]</ref>
  
*Article 1, Section 22 provides "Only a marriage between a male and female person shall be recognized and given effect in this state."
+
In 1864, Nevada had only 40,000 inhabitants, short of the 60,000 normally required for statehood. But the 1859 discovery of the incredibly large and rich silver deposits at Virginia City had rapidly made the region one of the most important and wealthy in the West.<ref name="hist"/>
*A proposed Article 1, section 23, which if approved by the voters would be effective in 2008, would limit the power of the state to use eminent domain, which may be in response to the decision of the [[U.S. Supreme Court]] in ''[[Kelo v. City of New London]]''.
+
 
*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.
+
The decisive factor in easing the path to Nevada's statehood was President Lincoln's proposed [[Amendment XIII, United States Constitution|13th Amendment banning slavery]]. Throughout his administration Lincoln had appointed territorial officials in Nevada who were strong [[Republican]]s, and he knew he could count on the congressmen and citizens of a new state of Nevada to support him in the coming presidential election and to vote for his proposed amendment. Since time was so short, the Nevada constitutional delegation sent the longest telegram on record up to that time to [[Washington, D.C.]], containing the entire text of the proposed [[state constitution]] and costing the then astronomical sum of $3,416.77. Their speedy actions paid off with quick congressional approval of statehood and the new state of Nevada did indeed provide strong support for Lincoln. On January 31, 1865, Congress approved the 13th Amendment to the U.S. Constitution banning slavery.<ref name="hist">[http://www.history.com/this-day-in-history/the-us-congress-admits-nevada-as-the-36th-state ''History.com'', "The U.S. Congress admits Nevada as the 36th state," accessed March 30, 2014]</ref>
*Article 4, Section 38, permits the use of [[medical marijuana]].
+
 
*Article 5, Section 3, limits the [[Nevada Governor - Jim Gibbons|Nevada Governor]] to two terms, or one if (s)he has served more than two years of someone else's term.
+
==See also==
*Article 15, Section 16, sets a minimum wage of $5.15 per hour if the employer provides health insurance, or $6.15 if not.
+
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
{{wikipedia}}
+
{{submit a link}}
*[http://leg.state.nv.us/Const/NVConst.html Text of the Constitution of Nevada]
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*[http://leg.state.nv.us/Const/NVConst.html ''Nevada State Legislature'', "Nevada Constitution"]
 +
*[http://www.onlinenevada.org/articles/nevada-statehood ''Online Nevada Encyclopedia (ONE)'', "Nevada Statehood"]
 +
 
 +
==Additional reading==
 +
* [http://books.google.com/books?id=LXfqAgAAQBAJ&printsec=frontcover#v=onepage&q&f=false 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
 +
* [http://books.google.com/books/about/Founding_the_Far_West.html?id=n8aMn4CxknsC Johnson, David Alan. (1992). ''Founding the Far West: California, Oregon, and Nevada, 1840-1890'', Berkeley, California: University of California Press]
 +
 
 +
==References==
 +
{{reflist}}
 +
 
 
{{Nevada Constitution}}
 
{{Nevada Constitution}}
 
{{State constitutions}}
 
{{State constitutions}}
 
{{nevada}}
 
{{nevada}}

Revision as of 07:16, 4 April 2014

Nevada Constitution
Flag of Nevada.png
Articles
Preliminary ActionOrdinancePreamble1234567891011121314151617XVIII19Election Ordinance
The Constitution of the State of Nevada is the fundamental governing document of Nevada.

Features

The Nevada Constitution consists of two prefix provisions, a preamble, 19 articles (one having been repealed) and a suffix provision.[1]

General provisions

  • The first prefix provision, Preliminary Action, which defines the requirement that the state have a constitutional convention;
  • The second prefix provision, Ordinance declares certain mandates applicable to the state, including a prohibition on slavery, religious freedom, and declaring the public lands to be property of the United States. Later amendments changed this provision.
  • The suffix provision specified how the election for the constitution was to be established.

Miscellaneous provisions

  • 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.

Preamble

See also: Preambles to state constitutions

The preamble of the Nevada Constitution states:

We the people of the State of Nevada Grateful to Almighty God for our freedom in order to secure its blessings, insure domestic tranquility, and form a more perfect Government, do establish this Constitution.[1]

Article 1: Declaration of Rights

Article 1 of the Nevada Constitution is entitled "Declaration of Rights" and consists of 22 sections.

Article 2: Right of Suffrage

Article 2 of the Nevada Constitution is entitled "Right of Suffrage" and consists of 11 sections.

Article 3: Distribution of Powers

Article 3 of the Nevada Constitution is entitled "Distribution of Powers" and consists of a single section.

Article 4: Legislative Department

Article 4 of the Nevada Constitution is entitled "Legislative Department" and consists of 39 sections.

Article 5: Executive Department

Article 5 of the Nevada Constitution is entitled "Executive Department" and consists of 22 sections.

Article 6: Judicial Department

Article 6 of the Nevada Constitution is entitled "Judicial Department" and consists of 39 sections.

Article 7: Impeachment and Removal From Office

Article 7 of the Nevada Constitution is entitled "Impeachment and Removal from Office" and consists of five sections.

Article 8: Municipal and Other Corporations

Article 8 of the Nevada Constitution is entitled "Municipal and Other Corporations" and consists of ten sections.

Article 9: Finance and State Debt

Article 9 of the Nevada Constitution is entitled "Finance and State Debt" and consists of five sections.

Article 10: Taxation

Article 10 of the Nevada Constitution is entitled 'Taxation" and consists of seven sections.

Article 11: Education

Article 11 of the Nevada Constitution is entitled "Education" and consists of ten sections.

Article 12: Militia

Article 12 of the Nevada Constitution is entitled "Militia" and consists of two sections.

Article 13: Public Institutions

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: Boundary

Article 14 of the Nevada Constitution is entitled "Boundary" and has only one section.

Article 15: Miscellaneous Provisions

Article 15 of the Nevada Constitution is entitled "Miscellaneous Provisions" and consists of 17 sections.

Article 16: Amendments

Article 16 of the Nevada Constitution is entitled "Amendments" and consists of two sections.

Article 17: Schedule

Article 17 of the Nevada Constitution is entitled "Schedule" and consists of 26 sections.

Article 18: Right of Suffrage

Article XVIII of the Nevada Constitution is entitled "Right to Suffrage" and was repealed in 1992.

Article 19: Initiative and Referendum

Article 19 of the Nevada Constitution is entitled "Initiative and Referendum" and consists of eight sections.

Amending the constitution

See also: Amending state constitutions, Article 16, Nevada Constitution and Article 19, Nevada Constitution

The Nevada Constitution can be amended via three different paths: a constitutional convention, a legislatively-referred constitutional amendment or an initiated constitutional amendment.

Section 1 of Article 16 governs how the Nevada State Legislature can propose an amendment to 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.

Section 2 of Article 16 governs constitutional conventions.

  • 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."

Sections 2 and 3 of Article 19 govern initiated constitutional amendments.

  • 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.

History

The Nevada Constitution was created at a constitutional convention on July 4, 1864, in Carson City, Nevada. The convention adjourned on July 28, was approved by public vote on the first Wednesday in September and became effective on October 31, when President Abraham Lincoln declared Nevada to be a state.[2]

In 1864, Nevada had only 40,000 inhabitants, short of the 60,000 normally required for statehood. But the 1859 discovery of the incredibly large and rich silver deposits at Virginia City had rapidly made the region one of the most important and wealthy in the West.[3]

The decisive factor in easing the path to Nevada's statehood was President Lincoln's proposed 13th Amendment banning slavery. Throughout his administration Lincoln had appointed territorial officials in Nevada who were strong Republicans, and he knew he could count on the congressmen and citizens of a new state of Nevada to support him in the coming presidential election and to vote for his proposed amendment. Since time was so short, the Nevada constitutional delegation sent the longest telegram on record up to that time to Washington, D.C., containing the entire text of the proposed state constitution and costing the then astronomical sum of $3,416.77. Their speedy actions paid off with quick congressional approval of statehood and the new state of Nevada did indeed provide strong support for Lincoln. On January 31, 1865, Congress approved the 13th Amendment to the U.S. Constitution banning slavery.[3]

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References