NEVADA'S CONSTITUTION: ITS PROVISIONS IN BRIEF
Nevada became a state much earlier in its development than, for example, Utah or
Oklahoma. This happened because the Lincoln administration sought to augment
Republican or Union support to reelect Lincoln in 1864. The administration also wanted
to increase Republican support in Congress so that the proposed Thirteenth Amendment
to the federal constitution, which would abolish slavery, would be passed to the states.
Thus, because of the needs of national politics, Nevada secured statehood with a
population far less than that required to elect a member of congress. Utah, on the other
hand, tolerated polygamy, described in the Republican platform as one of the "twin relics
of barbarism," and was passed over until that institution was abolished in Utah's laws.
The admission of Oklahoma was delayed because it was feared that Oklahoma would
vote Democratic. Thus, the process of creating new states was governed by political
considerations, not by the automatic application of a population formula as mandated by
the Northwest Ordinance of 1787.
The Constitution of Nevada was adopted hastily in order to complete the process for
statehood before the election of 1864. Except for the original thirteen states and Texas
and California, Nevada had the shortest time as a territory of any state. It was created as
a territory on March 3, 1861, and became a state on October 31, 1864.
At 18,000 words, the Nevada Constitution is intermediate in length among the fifty state
constitutions. It has been amended more than one hundred times. Our state constitution
does not list the amendments separately at the end, but changes the text to incorporate
them in the document itself. Nevada is one of nineteen states that still functions under its
original constitution.
In order to meet the demands of the enabling act, the constitutional convention passed an
ordinance that prohibited slavery, promised freedom of religious worship and provided
that the federal government continue to own unappropriated land (about eighty-six
percent of Nevada is federally owned land) and that no state taxes be levied on it.
The Civil War had the most dramatic influence on the constitution. Most important, the
constitutional theory of the Lincoln administration was embedded in Section 2 of Article
I. The Confederates held that the states were sovereign: the ultimate power resided in
them. By contrast, the Republicans and War Democrats believed that the Union was
prior to the states, that the citizens' first duty was to the nation, and that secession was
treason. The Nevada Constitution states that the "Paramount Allegiance of every citizen
is due to the Federal Government in the exercise of all its Constitutional powers as the
same have been or may be defined by the Supreme Court of the United States; and no
power exists in the people of this or any other State . . . to dissolve their connection
therewith." No other state constitution so clearly and explicitly states the superior claims
of the federal government in its constitution.
The war experience also led to several other features of the constitution. First, one
provision denied the ballot to any "person who, after arriving at the age of eighteen years,
shall have voluntarily borne arms against the United States, or held civil or military office
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under the so-called Confederate States." Thus Confederates and ex-Confederates were
barred from political participation until amnestied. Second, there was elaborate provision
for Nevada soldiers and sailors stationed away from home to vote. Finally, there was to
be no slavery in this new state.
While the impact of the Civil War on the Nevada Constitution was sharp and specific, the
impact of Jacksonian ideals of democracy was more diffused. The whole electoral
scheme was democratic: the vote by ballot, the six-month residence requirement, the
large number of elective offices. The last of the Jacksonian economic planks -homestead exemption-- was ordered. The bill of rights was made more specific than the
federal one, requiring twice as many sections for its elaboration. Nevadans were
Republicans on Civil War-related issues but westerners and Jacksonians in all else.
Not only did Nevadans conform to western habits in electoral practice but they displayed
the frontier enthusiasm for immigration into their state. Not only could foreigners vote
after six months' residence but the constitution assured them that they would "enjoy the
same rights in respect to the possession, enjoyment and inheritance of property, as nativeborn citizens." By 1924, however, liberal attitudes had so far declined that this section of
the constitution was repealed.
Other provisions reflected the reform spirit of the early nineteenth century. For example,
the provision barring duelists from office reflected hostility to the honor code that had
occasioned the loss of Alexander Hamilton and the naval hero Stephen Decatur.
Similarly, the constitution confirmed the right of women to separate property, a right that
1850s' feminism had managed to establish.
The following is a description of the constitution with commentary:
Article I is a declaration of the inalienable rights of Nevada citizens, much like the
federal bill of rights. It guarantees the rights to a fair trial, liberty of conscience, and
freedom of speech and the press. In this substantial restatement of the first ten
amendments of the federal constitution, Nevada (along with other states which follow the
practice) protects its citizens from encroachment on their rights by state action.
Article II deals with the right to vote. A poll tax limiting eligible voters was repealed in
1966. Voting rights were extended to all citizens eighteen years of age or older by a 1971
amendment. A six-month residency requirement was reduced to thirty days in 1975 by
an act of the legislature, following a U.S. Supreme Court decision. In 1912 the power of
the citizens to recall public officials was added. A recall petition petition signed by at
least 25% of the voters in the preceding general election in the appropriate area must be
filed. If the targeted official does not resign within five days of the filing, an election is to
be held within twenty days. Other candidates may be placed on the ballot; the candidate
with the highest number of votes serves the remainder of the term. If only the targeted
official's name is on the ballot, the vote is whether or not to retain that official. If the
official is recalled, the seat is filled in the same way as other mid-term vacancies.
This article also provides for the recall of state and local officials. (Members of the U.S.
Congress cannot be recalled, as they are considered federal officials.) A recall petition
must contain the signatures of at least 25% of the voters in the last election in the
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governmental unit of the targeted official. The recall petition must be filed within 60
days of notifying the targeted official of the intention to recall. A special election must
be held within 20 days of the filing of the petition. The ballot contains a statement of the
charges against the official and a response to them. The ballot lists the targeted official
and other candidates for the office. Whoever receives the most votes serves out the
remainder of the term.
Article III sets up the three separate departments of government: legislative, executive,
and judicial.
Article IV outlines the legislative branch of government. It establishes a legislature with
two houses, the Senate and the Assembly, that meet in biennial sessions beginning the
first Monday in February. The assembly members must be twenty-one years old and
reside in their districts. They have a two-year term. Senators have the same age
limitation and serve four-year terms. The original constitution used the census as the
basis of representation in both houses of the Legislature. However, the constitution was
amended in 1950 to provide for one senator from each county. Growth in the state's
population contributed to inequitable representation between the rural and urban areas,
and in 1965 the U.S. Supreme Court ordered the reapportionment of state legislatures.
The return to a population basis for representation increased the Nevada Assembly from
thirty-seven to forty members and the Senate from seventeen to twenty. In 1981, the
Assembly had forty-two members and the Senate twenty-one. Reapportionment has
shifted power in the legislature from rural to urban areas. This has particularly benefitted
Clark County whose legislators have a majority in both houses.
Each house elects its own officers except for the Senate whose nominal presiding officer
is the lieutenant governor. The Speaker is the presiding officer of the Assembly.
A majority of the elected is necessary to do business. Bills may originate in either house
and must concern only one subject. A majority of all elected members must vote "yes" to
pass a bill. While there is a 120-day limit on sessions, legislators are paid a salary for
only sixty days in a regular session; after that, they are paid only expenses. There is no
limit on the length of special sessions.
Every bill passed by the legislature is sent to the governor for approval. At this point,
several options are available. The bill may be signed by the governor and become a law.
It may be vetoed and returned to the house where it originated with the reasons for its
rejection. Both houses can override the veto by two-thirds vote of the total membership
and pass it as a law. If the governor holds the bill without action for five days (Sundays
excepted), while the legislature is still in session, the bill becomes law as if it had been
signed. If the legislature has already adjourned, the governor has ten days (Sundays
excepted) to act. If the bill is rejected by the governor, it must be sent to the secretary of
state with the detailed objections during that period. If the ten-day period lapses, the bill
becomes a law without the governor's signature. The legislature has a chance to override
the veto at its next session by two-thirds vote of each house's total membership. The
governor does not have an "item veto" (that is, may not veto any part of a bill but must
reject the whole bill).
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Article V describes the powers and responsibilities of the executive branch. The
governor must be at least twenty-five years old and a resident of the state for two years.
The position entails a four-year term. The governor is commander-in-chief of the state
military forces, and is vested with the authority to see that all laws are faithfully
executed. The governor delivers a "state of the state message" at each regular session of
the legislature. A special session of the legislature may be called by the governor to
consider the subjects determined to be urgent by the executive. When any office falls
vacant for which no replacement is otherwise provided, it is filled by the governor. The
governor serves on a board with the justices of the Supreme Court and the attorney
general, which may, by a majority vote, remit fines, commute sentences, and grant
pardons for most crimes. If the governor dies, is unable to act, or leaves the state, the
governor's duties and powers pass to the lieutenant governor. The lieutenant governor
must fulfill the same qualifications as the governor. The sole constitutional duty of the
lieutenant governor is to preside over the senate.
Article VI deals with the judicial department of state government. The judicial power of
the state resides in a Supreme Court, district courts and justices of the peace. Six
associate justices and a chief justice make up the Supreme Court. All are elected for sixyear terms and at different times. Almost all of the work of the Court comes on appeals
of cases already tried in district courts.
The state has many district judges and the number has grown over the years. They are
elected to six-year terms. The district courts are the trial courts for important crimes and
suits involving over $5000. The district courts also hear appeals from justice courts. A
justice of the peace hears civil cases less than $5000 and misdemeanor crimes. The
justice of the peace can also bind over individuals to trial in the district court. Outside of
Washoe and Clark counties the justices of the peace spend much of their time performing
marriages.
Article VII provides the method of impeachment and removal from office. All officers of
the state except justices of the peace are liable to impeachment proceedings. The
assembly votes on the charges which constitute the impeachment. The trial takes place in
the Senate. If the governor or lieutenant governor is impeached, the Chief Justice
presides. A two-thirds vote of the senators is needed to convict and remove an officer.
Justices of the Supreme Court and district courts are subject to simple removal even if
there is not sufficient evidence of wrongdoing for impeachment proceedings. Such a
removal requires a vote by two-thirds of all the senators and assembly members elected.
Article VIII deals with cities and other corporations. Corporations must be incorporated
by general, not special laws. Cities may be created by special laws. The state cannot
donate or lend money to profit-making corporations. Counties and cities are similarly
barred, but they can own part of or aid railroads if they wish.
Article IX deals with finance and the state department. The fiscal year since 1930 has
begun on July 1. The legislature is supposed to provide enough tax revenues to pay for
its appropriations, so the state does not go into debt in its ordinary operations.
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The state may borrow, but its debts may never exceed two percent of the assessed
valuation of the state. The state is forbidden to assume county, city and corporate debts
unless incurred to suppress a rebellion or repel an invasion. Also, the proceeds of license
and gas taxes are to be used only for public highway construction and repair.
Article X concerns taxation. All taxes are to have a uniform rate of assessment. There is
provision for "free port" privileges, which has been little used. Also, no inheritance or
estate tax is to be levied. An income tax is also forbidden. All taxes on property cannot
exceed five cents on one dollar of assessed valuation.
Article XI concerns education. The legislature is charged with establishing a uniform
system of common schools and a university. Sectarian instruction is forbidden in public
schools by the constitution and no public funds can be used for sectarian purposes.
Article XII deals with the provision for a militia, which the governor can call out to
enforce the laws and suppress riots or repel an invasion.
Article XIII provides that the state may maintain various public institutions such as
prisons, insane asylums and institutions for handicapped persons.
Article XIV originally defined the boundaries of the state as of 1864. However, it did not
recognize the additional land granted from Arizona in 1867, including Clark County.
This was remedied by a constitutional amendment approved by the voters in 1982.
Article XV deals with many miscellaneous provisions, establishing Carson City as the
capitol, prescribing oaths of office, and defining eligibility to office. The article sets the
general election on the first Tuesday after the first Monday in November. The total
number of legislators is set at no more than seventy-five. Currently we have only sixtythree. All elections are by a plurality unless otherwise provided by the constitution. A
state civil service system is also authorized by the constitution.
Article XVI deals with amendments to the constitution. The ordinary way to amend the
Nevada Constitution is to have an amendment proposed in either house of the legislature
and then passed by a majority vote by both at two sessions. Then it is referred to the
people and if the people concur by a majority vote, it becomes part of the constitution. A
convention could be used to revise the constitution if authorized by the legislature and the
people, but this procedure has never been used.
Article XVII set a schedule for beginning the state government in 1864 and 1865 and is
no longer relevant.
Article XVIII declares that the right to vote and hold office shall not be withheld because
of color or previous condition of servitude. It was added in 1880 and repealed in 1992,
because it was viewed as obsolete given amendments to the U.S. Constitution and the
Nevada Constitution.
Article XIX outlines the procedure whereby voters can initiate legislation or
constitutional amendments and have laws already in force submitted to them (by
referendum) for approval or disapproval. The referendum works this way:
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Whenever ten percent of the registered voters of the state file a petition to vote upon a
law previously enacted by the legislature, the appropriate state officials must then submit
it to a vote of the electorate. If the majority vote "yes," it not only remains a law but
cannot be altered in any way except by a direct vote of the people. If the law is defeated,
it is null and void.
The referendum has another application. Whenever the legislature seeks guidance from
voters it can submit a particular law or proposal to them for their endorsement.
The procedure for the people to propose laws by initiative is as follows: An initiative
petition must be signed by ten percent or more of the voters who voted at the last general
election in not less than seventy-five percent of the state's counties (thirteen of seventeen
counties). Also, the total number of voters signing the petition must equal ten percent of
all the voters who voted at the last general election. It is filed with the secretary of state
who transmits it to the legislature when it meets. If the legislature has not passed it
within forty days after submittal by the secretary of state, that official then puts the
question before the voters. If approved, it becomes a law and cannot be amended or
repealed for three years. If it fails to receive a majority vote, it dies.
If the initiative petition concerns a constitutional amendment, it is filed with the secretary
of state not less than sixty days before a general election. It is then voted on by the state's
voters. If it fails to receive a majority, it is dead. If it receives a majority of the votes
cast, it is then resubmitted at the next general election. If it passes again by a majority
vote it is law; if it fails the second time around it is dead.
The voters of counties and cities also have the referendum opportunities.
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