Isabella Carter
The Nevada Constitution, written in 1864, is the highest law within the state of Nevada and defines the structure, power, and limits of the state government. It also enumerates the basic rights and responsibilities of Nevada citizens. The constitution has been amended over 100 times, with the most recent amendment being approved by voters in November 2022. This amendment made Nevada the only US state to include sexual orientation and gender identity or expression in its foundational document.
| Characteristics | Values |
|---|---|
| Date of the current constitution | 1864 |
| Number of times the current version has been amended | Over 100 times |
| Date of the latest amendment | 2024 |
| How amendments can occur | Three different paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment |
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What You'll Learn
- Nevada's constitution has been amended over 100 times
- The process: constitutional convention, legislatively referred, or initiated amendment
- An amendment requires a simple majority vote in two consecutive elections
- Amendments are proposed by the Assembly or Senate, then put to a vote
- The constitution was written in 1864 and approved by voters in September 1864
Nevada's constitution has been amended over 100 times
The Constitution of the State of Nevada is the highest law within the state and defines the structure, power, and limits of the state government. It also enumerates the basic rights and responsibilities of Nevada citizens. Nevada's Constitution was written in 1864 and is still in place today, although it has been amended over 100 times.
The process of amending the Nevada Constitution is outlined in Article 19, which is entitled "Initiative and Referendum". It consists of six sections, detailing the procedures for both the Assembly or Senate and citizens to propose amendments. For the former, a majority of all members of both houses must pass the proposed amendment, which must then also pass the next consecutive biennial session. The proposed amendment is then sent to the people for a vote, and if the majority of registered votes pass the amendment, the constitution is amended. For citizen-initiated amendments, a simple majority vote in two consecutive elections is required for voter approval. The number of signatures required for this is equal to 10% of the total number of votes cast in the preceding general election.
The Nevada Constitution has been amended multiple times to reflect changes in societal values and priorities. For example, the constitution was amended in 2004 to include the sixth amendment, which outlines the rights of voters, including the right to vote without being intimidated, threatened, or coerced. Another notable amendment was made in 2020 to Section 21 of Article 1, recognising same-sex marriages and requiring the state to issue marriage licenses to couples regardless of gender.
Nevada's Constitution has also been amended to address specific issues, such as the 2008 amendment to Article 1, Section 22, which limits the power of the state to use eminent domain in response to the U.S. Supreme Court decision in Kelo v. City of London. Additionally, the constitution has been amended to address compensation for members of the Legislature, with changes made in 1958 and 2012 to reflect different compensation structures.
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The process: constitutional convention, legislatively referred, or initiated amendment
The Nevada Constitution, which was written in 1864, has been amended over 100 times. The constitution can be amended via three methods: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
A constitutional convention involves a gathering of delegates to propose amendments to the constitution. Nevada's first constitutional convention took place in 1863, but the resulting draft was rejected by voters due to its taxation policies. The second convention, held in 1864, produced a constitution that was approved by the people of Nevada on September 14, 1864.
A legislatively referred constitutional amendment is initiated by the state legislature. In Nevada, a simple majority vote is required during two successive legislative sessions to place a constitutional amendment on the ballot. This means a minimum of 22 votes in the Assembly and 11 votes in the Senate. The amendment is then sent to the people for a vote, and if passed by a majority, the constitution is amended.
An initiated constitutional amendment is a citizen-initiated process. In Nevada, an initiated amendment requires the signatures of 10% of the total number of votes cast in the preceding general election. The amendment then needs to be approved by a simple majority in two consecutive elections for voter approval.
Nevada has amended its constitution through all three processes. For example, the legislatively referred amendment process was used to amend the constitution in 1958 and 2012 regarding the compensation of members of the Legislature. The initiated amendment process resulted in an equal rights amendment, approved by 58% of voters in 2022, which included "sexual orientation and gender identity or expression" in the constitution.
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An amendment requires a simple majority vote in two consecutive elections
The Nevada Constitution, which was written in 1864, has been amended over 100 times. The process of amending the constitution can be initiated in three ways: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
The legislatively referred constitutional amendment process begins with the Nevada State Legislature. A simple majority vote is required during two successive legislative sessions for the amendment to be placed on the ballot. This amounts to a minimum of 22 votes in the Nevada State Assembly and 11 votes in the Nevada State Senate, assuming no vacancies. Once an amendment is on the ballot, it is then subject to the same majority vote requirement in two consecutive elections as initiated amendments.
The initiated constitutional amendment process, on the other hand, is a citizen-led effort. This process requires the collection of signatures equal to 10% of the total number of votes cast in the preceding general election to initiate the amendment process. After the required number of signatures is collected, the proposed amendment is then subject to the same majority vote requirement in two consecutive elections as legislatively referred amendments.
Nevada's constitution has a detailed and comprehensive process for amending its foundational document. The requirement of a simple majority vote in two consecutive elections ensures that any changes to the constitution reflect the will of the people and helps to maintain the integrity and stability of the state's governing framework.
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Amendments are proposed by the Assembly or Senate, then put to a vote
The Nevada Constitution, which came into force in 1864, has been amended over 100 times. The process of amending the constitution involves proposing and passing amendments, which can be done through different paths. One path is for the Assembly or Senate to propose amendments. This process is outlined in Article 19, Section 1 of the Nevada Constitution.
For an amendment to be proposed by the Assembly or Senate, it must pass with a majority vote in both houses. Once it passes, it moves on to the next consecutive biennial session. If it passes this stage, it is then sent out to the people of Nevada for a vote. If a majority of registered voters approve the amendment, the constitution is officially amended.
An example of an amendment proposed by the Assembly or Senate is the change to Section 1 of Article 19, which defines the rights of voters. This amendment was proposed and passed by the 2001 Legislature, agreed to and passed by the 2003 Legislature, and finally approved and ratified by voters in the 2004 General Election.
Another example is the amendment to Article 1, Section 21, which recognises marriages and issues marriage licenses to couples regardless of gender. This amendment was approved by voters in 2008 and also included protections for religious organisations and members of the clergy to refuse to solemnise a marriage without facing legal claims.
It's worth noting that there are other ways to amend the Nevada Constitution besides through the Assembly or Senate. These include a legislatively referred constitutional amendment, an initiated constitutional amendment (proposed by citizens), and a convention-referred constitutional amendment. The specific processes and requirements for each path may vary, but all amendments ultimately require voter approval to be enacted.
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The constitution was written in 1864 and approved by voters in September 1864
The Nevada Constitution, written in 1864, is the highest law within the state of Nevada. It defines the structure, power, and limits of the state government and enumerates the basic rights and responsibilities of Nevada citizens. The constitution was approved by the people of Nevada on September 14, 1864, and was delivered to Congress over two days by telegraph, costing $4,303.27 in 1864. This was, at the time, the longest telegraph transmission ever made, a record it held for 17 years.
The constitution was written between July 4, 1864, and July 28, 1864, at the second constitutional convention in Carson City. The first draft, written at the first convention in 1863, was rejected by voters due to its taxation policies, particularly regarding mining activities. The 1864 document specified that only the proceeds of mines and claims could be taxed and omitted listing candidates for state offices. Of the 39 delegates to the convention, all but five had come to Nevada from California, and all but five were under 50 years of age. The most important member of the convention was William Stewart, a lawyer from Virginia City. Stewart fought for taxation only on the net proceeds of productive mines, but he supported the proposed Constitution, presuming that the first state Legislature would amend it.
The Nevada Constitution has been amended over 100 times since its inception. It can be amended via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments, and in Nevada, the number of signatures required is 10% of the total votes cast in the preceding general election. A simple majority vote in two consecutive elections is required for voter approval.
The most recent amendment to the Nevada Constitution was in 2022, when an equal rights amendment inclusive of sexual orientation and gender identity/expression was approved by 58% of voters in the November general election. This made Nevada the only US state to include "sexual orientation and gender identity or expression" in its foundational document.
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Frequently asked questions
The Nevada Constitution has been amended over 100 times.
The most recent amendment was approved by voters in November 2022, making Nevada the only US state to include "sexual orientation and gender identity or expression" in its foundational document.
Amendments are not uncommon and can occur multiple times in one year. For example, in 2004, the sixth amendment was approved and ratified by the people, and in 2008, Article 1, Section 22 was amended.
The Nevada Constitution can be amended via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. A simple majority vote in two consecutive elections is required for voter approval.
An example of an amendment to the Nevada Constitution is the addition of Section 21 of Article 1, which recognises marriages and issues marriage licenses to couples regardless of gender.
