Omar Bennett
The Nevada Constitution is the state constitution of Nevada. The current Nevada Constitution was adopted in 1864, and it has been amended over 100 times since then. Nevada has had one state constitution, which was based on the 1849 founding document of neighbouring California. The Nevada Constitution has 19 articles, with the most recent amendment being approved by voters on November 5, 2024.
| Characteristics | Values |
|---|---|
| Date of adoption | 31 October 1864 |
| Number of amendments | Over 100 |
| Number of articles | 19 |
| Number of sections | 22 (in Article 1) |
| Number of signatures required for an initiated constitutional amendment | 10% of total votes in the preceding general election |
| Number of times amended | 2 (in 1922 and 1944) |
| Number of times approved by voters | 2 (most recently on 5 November 2024) |
| Number of times rejected by voters | 1 (on 19 January 1864) |
| Number of times amended via legislatively referred constitutional amendment | 2 |
| Number of delegates to the Constitutional Convention | 39 |
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What You'll Learn
The Nevada Constitution was written in 1864
The process of drafting the Nevada Constitution began with the First State Constitutional Convention in 1863, which was authorized by the Nevada Territorial Legislature but did not have the sanction of Congress. The convention lasted 32 days, from November 2, 1863, to December 4, 1863. The draft constitution that resulted from this convention was rejected by voters on January 19, 1864, due to its taxation policies, particularly regarding mining activities.
A second constitutional convention was held in Carson City, Nevada, from July 4, 1864, to July 28, 1864. The resulting constitution was approved by Nevada voters on September 14, 1864, with the votes collected, counted, and approved on September 27, 1864. The constitution was then sent to the United States Congress via telegraph, arriving on October 26-27, 1864. On October 31, 1864, President Abraham Lincoln declared Nevada the 36th state, and the Nevada Constitution took effect.
The Nevada Constitution has 19 articles, including the "Declaration of Rights," "Right of Suffrage," "Distribution of Powers," "Legislative Department," "Executive Department," and "Judicial Department." The document also includes two prefix provisions, a preamble, and a suffix provision. The first prefix provision requires the state to hold a constitutional convention, while the second declares certain mandates, including a prohibition on slavery, religious freedom, and public lands ownership.
The Nevada Constitution has been amended numerous times since its adoption in 1864. Amendments can be made through three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. Notable amendments include the approval of same-sex marriage in 2020 and the inclusion of "sexual orientation and gender identity or expression" in the state's foundational document in 2022.
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It has been amended over 100 times
The Nevada Constitution has been amended over 100 times since its adoption in 1864. The process of amending the constitution can occur via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. An example of the latter is the amendment approved by 58% of voters in the November 2022 general election, which added "sexual orientation and gender identity or expression" to the constitution's equal rights protections.
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 took effect on October 31, when President Abraham Lincoln declared Nevada to be a state. The original constitution, consisting of 44 handwritten 17 x 24 inch pages, was based largely on the Constitution of the State of California, which in turn was modelled after the New York State Constitution.
The Nevada Constitution has two prefix provisions, a preamble, 19 articles (one having been repealed), and a suffix provision. The first prefix provision requires the state to hold a constitutional convention, while the second declares certain mandates applicable to the state, including a prohibition on slavery, religious freedom, and the declaration that public lands are 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 Nevada Constitution has been amended numerous times to reflect changing societal values and legal requirements. For example, the constitution was amended in 2008 to limit the power of the state to use eminent domain, in response to a US Supreme Court decision. In 2020, another amendment was made to Section 21 of Article 1, recognising same-sex marriages and requiring that all legally valid marriages be treated equally under the law.
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It was based on California's constitution
The Nevada Constitution, which came into effect on October 31, 1864, was based on California's constitution. Nevada's first attempt at a constitution was rejected by voters on January 19, 1864, due to its taxation policies, particularly regarding mining activities. The current constitution, which has been amended over 112 times, was written between July 4, 1864, and July 28, 1864, at a second constitutional convention in Carson City.
The Nevada Constitution has 19 articles, with one having been repealed, and has two prefix provisions and a suffix provision. The first prefix provision defines the requirement for the state to have a constitutional convention, while the second declares certain mandates for the state, including a prohibition on slavery, religious freedom, and declaring public lands as property of the United States. These provisions have been amended over time, reflecting the evolving nature of the constitution.
The Nevada Constitution's preamble emphasizes the role of the people of Nevada in establishing a more perfect government and securing freedom and domestic tranquility. This preamble sets the tone for the rest of the constitution, which outlines the state's framework for governance, including the powers, structure, and limitations of the state government, as well as individual and civil rights.
One notable aspect of the Nevada Constitution is its recognition of the right to recall public officers. Every public officer in the state is subject to recall by the registered voters of the state, county, district, or municipality they represent. This provision allows for direct democratic participation in the removal of public officials and holds them accountable to the people they serve.
Additionally, the Nevada Constitution has been at the forefront of recognizing the rights of marginalized groups. For example, in 2008, Article 1, Section 22, was approved by voters, limiting the state's power to use eminent domain. This amendment was in response to a U.S. Supreme Court decision and demonstrated the people's ability to shape the constitution to protect their rights. Furthermore, in 2022, Nevada became the only US state to include "sexual orientation and gender identity or expression" in its foundational document, showcasing its commitment to equal rights for all.
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It was approved by voters in September 1864
The Nevada Constitution was approved by voters on September 14, 1864, with the votes collected, counted, and approved on September 27. The constitution was drafted at a convention in Carson City, Nevada, between July 4, 1864, and July 28, 1864. This was the second constitutional convention, as the first draft, written in 1863, was rejected by voters on January 19, 1864, due to its taxation policies, particularly regarding mining activities.
The 1864 constitution was based on the 1849 founding document of neighbouring California, and consisted of 44 handwritten 17 x 24 inch pages. It was signed by secretary William M. Gillespie and members of the Nevada Constitutional Convention. The document was then sent to the United States Congress via telegraph, as Union sympathizers were eager to gain statehood for Nevada before the upcoming presidential election.
Nevada became a state on October 31, 1864, when President Abraham Lincoln declared Nevada to be the 36th state. The Nevada Constitution has been amended over 100 times, with the current constitution having been amended over 112 times. The process of amending the constitution involves a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
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It has 19 articles
The Nevada Constitution, which came into effect in 1864, has 19 articles. The first draft of the constitution was rejected by voters in January 1864 due to its taxation policies, particularly concerning mining activities. The current constitution was written between July 4, 1864, and July 28, 1864, at a second constitutional convention in Carson City. Nevada became a state with the Nevada Constitution approved on October 31, 1864, marking its entry into full statehood in the United States.
The 19 articles of the Nevada Constitution encompass various topics and provisions that outline the state's framework for governance. Article 1, consisting of 22 sections, is entitled "Declaration of Rights". It includes provisions such as the prohibition of slavery, freedom of religious worship, and the recognition of marriages regardless of gender. Article 2, entitled "Right of Suffrage", covers voting rights and procedures, while Article 3, "Distribution of Powers", establishes the separation of powers within the state government. Article 4, "Legislative Department", outlines the structure and responsibilities of the state legislature, and Article 5, "Executive Department", focuses on the executive branch, including the governor and other state officers.
Article 6, "Judicial Department", of the Nevada Constitution, comprises 21 sections and outlines the structure and responsibilities of the state's judicial system, including the establishment of judicial districts and the roles of judges. Article 7, "Finance and Revenue", details the state's financial and taxation policies, and Article 8, "Education", addresses public education and the establishment of educational institutions. Article 9, "State, County, and Township Organizations", deals with the organisation and administration of local governments within the state.
Additionally, Article 10, "Immigration and Emigration", outlines policies related to the movement of people into and out of the state, while Article 11, "Public Lands", addresses the management and disposal of public lands. Article 12, "Militia", establishes the state's militia and its regulations, and Article 13, "Corporations and Internal Improvements", covers the formation and regulation of corporations, as well as public works projects. Article 14, "Public Institutions", focuses on state-run institutions such as prisons and hospitals, and Article 15, "Amendments", outlines the procedures for amending the constitution.
The remaining articles of the Nevada Constitution include Article 16, "Apportionment and Elections", which deals with legislative apportionment and election procedures, and Article 17, "Public Debt and Subsidies", which addresses the state's debt and financial obligations. Article 18, "Miscellaneous", covers various additional topics not specifically addressed in other articles, and Article 19, "Amendments", specifies the processes for proposing and ratifying amendments to the constitution. It is worth noting that one of the 19 articles has been repealed, and the constitution has been amended over 100 times since its adoption in 1864.
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Frequently asked questions
The Nevada Constitution is the first and only state constitution of Nevada. It was written in 1864 and has been amended over 100 times.
The first amendment to the Nevada Constitution was proposed and passed by the 1919 legislature, agreed to and passed by the 1921 legislature, and approved and ratified by the people at the 1922 general election.
The Nevada Constitution can be amended via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
