Isabella Carter
The Nevada Constitution is the state constitution of Nevada, created in 1864 and based largely on the Constitution of the State of California. It has been amended over 100 times, with the most recent amendments being approved by voters on November 5, 2024. The Nevada Constitution has 19 articles, including a preamble and a suffix provision, and covers a range of topics such as individual rights, suffrage, distribution of powers, legislative and executive departments, impeachment, municipal corporations, finance, state debt, taxation, and education. Similar to the US Constitution, it includes provisions such as the prohibition of slavery, freedom of religion, and the recognition of marriage regardless of gender. The process for amending the Nevada Constitution is outlined in Article 19, requiring a majority vote from both houses and the people.
| Characteristics | Values |
|---|---|
| Date of creation | 4 July 1864 |
| Basis | Nevada's statehood as one of the United States |
| Number of articles | 19 |
| Number of amendments | Over 100 |
| Process of amendment | Proposed by Assembly or Senate; requires majority approval in both houses, the next biennial session, and a public vote |
| Rights guaranteed | Inalienable rights, including the right to life, liberty, property, safety, and happiness; freedom of religion; right to vote; right to due process of law |
| Powers | Legislative, executive, and judicial departments |
| Limitations | On the state's use of eminent domain; on taxation of certain property |
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Prohibition of slavery
The Nevada Constitution was created in 1864, and it became effective on October 31 of the same year, when President Abraham Lincoln declared Nevada a state. The document has two prefix provisions, a preamble, 19 articles (one having been repealed), and a suffix provision. The first prefix provision defines the requirement that the state must have a constitutional convention. The second prefix provision 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.
Article 1, Section 17 of the Nevada Constitution, as well as the Ordinance of the Nevada Constitution, prohibited slavery and involuntary servitude, except as punishment for crimes. This exception mirrored the exception in the Thirteenth Amendment of the US Constitution, which was ratified in 1865.
In 2024, Nevada voters were presented with Question 4, which proposed removing the exception that allowed slavery and involuntary servitude as a criminal punishment. The amendment passed, and the Nevada Constitution now prohibits slavery and involuntary servitude in all circumstances.
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Freedom of religion
The Nevada Constitution was created in 1864 and has been amended over 112 times. It is the state constitution of Nevada and the basis for Nevada's statehood as one of the United States. The document includes a preamble, 19 articles (one having been repealed), and a suffix provision.
The preamble reads:
> 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.
The first article of the Nevada Constitution is entitled ""Declaration of Rights" and consists of 22 sections. The Nevada Constitution explicitly mentions freedom of religion in Article 1, Section 4:
> The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed in this State...
The Nevada Constitution also guarantees the right to vote and the right to a trial by jury. It further protects freedom of speech, freedom of the press, freedom of assembly, and the right to petition.
In addition, the Nevada Constitution prohibits slavery and involuntary servitude, except as punishment for crimes. It also provides for the taxation of certain property and the disclaimer of public lands.
The Nevada Constitution has been amended to include protections for same-sex marriage and LGBT rights. For example, Article 1, Section 21 of the Nevada Constitution states:
> 1. The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. 2. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage, and no person has the right to make any claim against a religious organization or member of the clergy for such a refusal. 3. All legally valid marriages must be treated equally under the law.
The Nevada Constitution also includes an equal rights amendment that encompasses sexual orientation and gender identity/expression, making Nevada the only US state with such a provision in its foundational document.
In summary, the Nevada Constitution explicitly guarantees freedom of religion and includes additional provisions that protect the rights of religious organizations and individuals. These protections are in line with those found in the US Constitution, which guarantees the right to the "free exercise" of religion. However, the Nevada Constitution goes further by protecting "liberty of conscience."
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Right to vote
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 was approved by the vote of the people of the Territory of Nevada on the first Wednesday of September 1864. On October 31, 1864, President Lincoln proclaimed that Nevada was admitted into the Union as the 36th state.
Article 2 of the Nevada Constitution is entitled "Right of Suffrage" and consists of 10 or 11 sections, depending on the source. This article has been amended several times since its creation, with the people of Nevada approving and ratifying amendments in 1880, 1886, 1914, 1970, 1971, 1996, and 2004.
The Right of Suffrage in Nevada is similar to the right to vote in the US Constitution, with some differences in specifics. For example, Section 1 of Article 2 of the Nevada Constitution states that all citizens of the United States aged 18 and above who have resided in the state and county for a specified period before an election are entitled to vote, unless they have been convicted of treason or a felony and have not had their civil rights restored. This is in line with the Twenty-sixth Amendment to the US Constitution, which lowered the voting age to 18.
Nevada's Constitution also has provisions for military and naval personnel, ensuring they can vote in the county and township of which they were bona fide residents before entering service. Additionally, Nevada's Constitution previously stated that the payment of a poll tax was not required as a condition of voting, though this provision was repealed in 1972.
Nevada's Constitution also allows for citizen-initiated constitutional amendments, with 10% of signatures from the total number of votes cast in the preceding general election required to propose an amendment. This is a unique feature that empowers citizens to have a direct say in shaping their state's constitution.
In 2020, Nevada Question 4, the State Constitutional Rights of Voters Amendment, was approved and added the state's declaration of voters' rights to the Nevada Constitution. This further strengthened the right to vote in Nevada, bringing it more in line with the US Constitution's guarantees of voting rights regardless of race, gender, and economic status.
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Marriage rights
The Nevada Constitution, established in 1864, has seen several amendments over the years, with the most recent changes being made in 2020. One of the key amendments relates to marriage rights, specifically regarding same-sex marriage.
Historical Context
Historically, Nevada's constitution included a ban on same-sex marriage, defining marriage as a union solely between a man and a woman. This restriction was added through a ballot measure, known as Question 2, in 2002, with 69.62% of voters approving it. This made Nevada one of the states with a constitutional provision prohibiting same-sex marriage.
Marriage Equality Amendment
In 2020, Nevada voters took a significant step towards marriage equality by approving another ballot measure, also called Question 2, which amended Section 21 of Article 1 of the Nevada Constitution. This amendment repealed the previous restriction and established marriage rights regardless of gender. The new provision states that:
> "The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender."
Additionally, the amendment guarantees that all legally valid marriages must be treated equally under the law. This ensures that same-sex marriages are recognized and protected in Nevada.
Religious Protections
The amendment also protects the rights of religious organizations and members of the clergy, granting them the freedom to refuse to solemnize a marriage without facing legal claims. This provision was included to respect religious beliefs and institutions while also ensuring marriage equality.
Impact and Significance
The approval of the Marriage Regardless of Gender Amendment in Nevada carries significant weight. It sends a powerful message of LGBTQ equality and affirms the state's commitment to inclusivity and the fundamental right to marry for all loving couples. By becoming the first state to actively repeal a constitutional ban on same-sex marriage, Nevada has set a precedent for other states to follow.
In conclusion, the amendments to the Nevada Constitution regarding marriage rights reflect a shift towards equality and inclusivity. By recognizing marriages regardless of gender and guaranteeing equal treatment under the law, Nevada has taken a decisive step towards ensuring the protection of marriage rights for all its citizens.
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Education
Article 11 of the Nevada Constitution is entitled "Education" and consists of ten sections. The Nevada Constitution was created in 1864, and in the same year, a single Board of Regents was established to access federal resources to establish land grant colleges. This board has overseen all public higher education institutions in Nevada since then, including seven public, degree-granting universities and colleges, as well as a research institute.
The Board of Regents is unique in that it operates as an elected, independent body, unlike other states with appointed or institution-specific boards. In 2005, the Nevada regents voted to further centralize authority by placing the state system chancellor above the presidents and giving the chancellor a larger role in hiring and firing. This change led to a period of frequent turnover among university and college presidents.
In 2006, an attempt was made to amend the constitution to change the board to a mix of elected and appointed members, but it failed by less than a percentage point. In 2021, the former chancellor filed a hostile workplace environment complaint, after which the board bought out her contract. Additional buyouts of senior staff soon followed, and the regents made headlines for impolitic comments related to race, transgender people, and the Israel-Palestine conflict.
In 2024, Question 1 was proposed to amend the Nevada Constitution, enabling the state legislature to assume more direct oversight and authority over the board of regents. If passed, the legislature would be able to audit higher education budgets, reform governance, and possibly restructure the board to align with the state's workforce and economic goals.
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Frequently asked questions
Both the Nevada Constitution and the US Constitution have a preamble, articles, and a bill of rights.
The Nevada Constitution has been amended over 100 times, while the US Constitution has been amended 27 times.
Some examples of amendments to the Nevada Constitution include the recognition of same-sex marriages and the addition of "sexual orientation and gender identity or expression" to the state's anti-discrimination laws.
Amendments to the Nevada Constitution are relatively common, with voters approving two amendments as recently as November 5, 2024.
Ultimately, it is the voters of Nevada who are responsible for amending their state's constitution. Proposed amendments must pass two consecutive legislative sessions before being sent to the voters for approval.
