Eleanor Finch
The Constitution of the State of Nevada is the organic law of the state and the basis for Nevada's statehood as one of the United States. The current Nevada Constitution was adopted in 1864 and has since been amended over 112 times. It has 19 articles, a preamble, and a suffix provision. The document is approximately 118,000 words long, making it the longest telegraph transmission ever made at the time.
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What You'll Learn
The Nevada Constitution's history
The Nevada Constitution is the state constitution of Nevada and the basis for Nevada's statehood as one of the United States. Nevada has had one state constitution, which was first drafted in 1863, and adopted in 1864. The Nevada Constitution was created at a convention in Carson City on July 4, 1864, and adjourned on July 28. It was approved by public vote on the first Wednesday in September and became effective on October 31, 1864, when President Abraham Lincoln declared Nevada to be a state.
The Nevada Constitution has been amended over 112 times. The process of amending the constitution involves a majority vote from both the Assembly and the Senate, before it is sent to the people for a vote. If the majority of registered voters pass the amendment, the constitution is changed.
The document has two prefix provisions, a preamble, 19 articles (one having been repealed), and a suffix provision.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 has a constitutional convention. The second provision declares certain mandates applicable to the state, including a prohibition on slavery, freedom of religious worship, and declaring public lands to be the property of the United States.
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 suffix provision provides for the election of delegates to the constitutional convention.
Some notable amendments to the Nevada Constitution include:
- The right of suffrage, which was amended in 1956 and repealed in 1972.
- The recognition of marriages and the issuing of marriage licenses to couples regardless of gender, which came into force on November 24, 2020.
- An equal rights amendment, inclusive of sexual orientation and gender identity, which was approved by 58% of voters in the November 2022 general election.
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The Constitution's contents
The Constitution of the State of Nevada is the organic law of the state and the basis for Nevada's statehood as one of the United States. It was created in 1864 at a convention in Carson City on July 4, approved by public vote on the first Wednesday in September, and became effective on October 31 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 provision declares certain mandates applicable to the state, including a prohibition on slavery, freedom of religious worship, and declaring the public lands to be property of the United States. 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."
Article 1 of the Nevada Constitution includes a Declaration of Rights, which outlines inalienable rights, the purpose of government, and the rights of the accused in criminal prosecutions. Article 2, Section 10, requires the legislature to set a limit on initiative, referendum, primary, or general election contributions to $5,000 each. Section 1 of Article 19 specifies how the Assembly or Senate may propose amendments to the constitution, requiring a majority of all members of both houses to pass the proposed amendment, which must then pass the next consecutive biennial session. If it passes, the proposed amendment is sent to the people for a vote, and if the majority of registered votes pass the amendment, the constitution is amended. Sections 2 and 3 of Article 19 define how citizen initiatives for constitutional amendments can be approved, requiring ballot initiatives to be approved in two general elections.
The constitution also includes sections on the right of suffrage, the governor's powers and responsibilities, and the recall of public officers. The right of suffrage has been amended over time, with provisions made for those in military or naval service, and the removal of the requirement to pay a poll tax. The governor is the commander-in-chief of the state's military forces and is responsible for transacting all executive business and ensuring laws are faithfully executed. They also have the power to fill vacancies in office by granting a commission that expires at the next election. Every public officer in Nevada is subject to recall by the registered voters of the state or the county, district, or municipality they represent.
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How to amend the document
The Nevada Constitution, comprising approximately 24,000 words, outlines the structure and functions of the state government, and protects the fundamental rights of its citizens. Amending this important document is a meticulous process, designed to ensure stability and prevent hasty or impulsive changes. Here is an overview of the procedure to amend Nevada's Constitution:
Proposing an Amendment:
Initiating the process of amending the Nevada Constitution begins with a proposal for an amendment. There are two methods by which amendment proposals can be introduced: the legislative method and the people's initiative. For the legislative method, the amendment proposal must be passed by a majority vote in both houses of the Nevada Legislature, known as the Senate and Assembly. This requires a careful drafting process, ensuring the amendment is clear, concise, and consistent with existing provisions of the constitution. Alternatively, citizens of Nevada can bypass the legislature and propose amendments directly. This method involves collecting signatures from qualified voters equivalent to at least 10% of the number of voters who participated in the last preceding gubernatorial election. The signatures must be collected within a specified time frame, usually allowing for a reasonable period to organize and campaign for support.
Approval by Voters:
Once an amendment proposal has been introduced, either through legislative initiation or citizen initiative, it must be presented to the voters of Nevada for their approval. This step ensures that any changes to the constitution reflect the will of the people. The proposed amendment is placed on the ballot during the next general election, ensuring maximum voter participation. For an amendment to be approved, it must secure a majority vote of the people casting ballots in that election. This step is crucial in maintaining democratic principles and allowing the citizens of Nevada to shape their constitution.
Ratification and Implementation:
After an amendment proposal has been approved by a majority of voters, it undergoes a process of ratification to finalize the changes. The Governor of Nevada issues a proclamation, officially declaring that the proposed amendment has been adopted by the people. This proclamation is then deposited with the Secretary of State, becoming an integral part of the Nevada Constitution. The amendment takes effect from the date of ratification, and its provisions are implemented accordingly. The process ensures that any changes to the constitution are formally recognized and seamlessly integrated into the existing framework of governance.
Amending the Nevada Constitution is a deliberate and inclusive process. By involving both the legislature and citizens, it strikes a balance between representative democracy and direct voter power. The requirement for majority approval at multiple stages ensures that amendments reflect the consensus of the people and protects the constitution from arbitrary changes. This robust amendment process safeguards the rights and interests of Nevada's citizens, fostering stability and confidence in the state's governing document.
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The role of voters
The Constitution of the State of Nevada is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Nevada's first constitutional convention was in 1863, and the Nevada Constitution was created in 1864 at a convention on July 4 in Carson City. The constitution 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.
Registered voters in Nevada also have the power to recall public officers from office. If at least 25% of the number of people who voted in the election that resulted in the official's election file a petition demanding the official's recall, the official may be recalled by the people.
Voters in Nevada have also played a role in approving amendments to the constitution. For example, in 2008, voters approved an amendment to Article 1, Section 22, which limits the state's power to use eminent domain. In 2022, voters approved an equal rights amendment that includes sexual orientation and gender identity/expression, making Nevada the only US state with such language in its foundational document.
Additionally, voters in Nevada have the power to approve or reject certain measures put forth by the state legislature. For example, in 1972, the people ratified a repealer that had been proposed and passed by the legislature in 1969 and agreed to by the 1971 legislature. This repealer amended a section of the constitution that dealt with the right of suffrage and the regulation of elections.
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The number of words
The Constitution of the State of Nevada is the organic law of the state and the basis for Nevada's statehood as one of the United States. The Nevada Constitution was created in 1864 at a convention on July 4 in Carson City. The convention adjourned on July 28 and was approved by public vote on the first Wednesday in September. It then became effective on October 31, 1864, when President Abraham Lincoln declared Nevada to be a state.
Nevada's first constitutional convention was in 1863, and the current Nevada Constitution has been amended over 112 times. 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 has 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 of the Nevada Constitution is entitled "Declaration of Rights" and consists of 22 sections. Article 2 is entitled "Right of Suffrage" and consists of 10 sections. Article 3, "Distribution of Powers," consists of one section, while Article 4, "Legislative Department", has 39 sections. Article 5, "Executive Department", has 22 sections, and Article 6, "Judicial Department", has 21 sections.
While the exact word count of the Nevada Constitution is unclear, it was, at the time of its transmission, the longest telegraph transmission ever made. This record was held for 17 years until a copy of the 118,000-word English Revised Version of the New Testament was sent by telegraph in 1881.
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Frequently asked questions
The Nevada Constitution contains approximately 118,000 words.
The Nevada Constitution was created in 1864 at a convention on July 4 in Carson City.
The current Nevada Constitution has 19 articles, with one having been repealed.
The current Nevada Constitution has been amended over 112 times.
The Nevada Constitution was last amended on November 5, 2024, with two amendments approved by voters.
