Nevada's Constitutional Roots: Signed In..

The Nevada Constitution, which is the state constitution of Nevada, was written in 1864 and is still in use today, though it has been amended over 100 times. The document was created at a constitutional convention on July 4, 1864, in Carson City, Nevada, and took effect on October 31, 1864, when President Abraham Lincoln declared Nevada to be a state.

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The Nevada Constitution was written in 1864

The process towards the Nevada Constitution began with the First Constitutional Convention in 1863, which produced a document that was not ratified by the voters of Nevada Territory and was not authorized by the U.S. Congress. In February 1864, Senator James Rood Doolittle of Wisconsin introduced a Nevada statehood bill in the U.S. Senate, which was passed by both houses and signed by President Lincoln on March 21, 1864. The bill included instructions reflective of the influences of the Civil War, such as specifying that the new constitution be republican in nature, prohibit slavery, and disclaim rights to unappropriated federal lands in Nevada.

The delegates for the second Constitutional Convention in 1864, ranging in age from 26 to 64, were elected in June of that year. The convention, presided over by J. Neely Johnson, a former California governor, met on July 4 to draft a constitution that addressed the concerns of the previous document. The 1864 constitution made significant changes regarding the taxation of mines and mining claims and the election of state officials. It also ensured that Nevada's constitution was aligned with the requirements of the statehood bill.

The Nevada Constitution has been amended numerous times since its inception to adapt to the evolving needs and values of the state. It serves as the fundamental document outlining Nevada's framework for governance, individual and civil rights, and other matters.

Nevada has had one state constitution

The first prefix provision defines the requirement that the state 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. Later amendments changed this 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 current Nevada Constitution has been amended over 100 times, with the most recent amendments being approved by voters on November 5, 2024. Amendments can be proposed by the Assembly or Senate and must pass both houses, after which they are sent to the people for a vote. An example of a recent amendment is the change to Article 1, Section 21, which now reads:

> “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."

In summary, Nevada has had one state constitution since its admission to the Union in 1864, which has been amended numerous times to reflect the changing needs and values of the state and its people.

The constitution has been amended over 100 times

The Nevada Constitution, which was written in 1864, has been amended over 100 times. The process of amending the constitution is outlined in Article 19, Section 1, which states that a majority of all members of both the Assembly and the Senate must pass a proposed amendment. The amendment must then pass the next biennial session before being sent to the people for a vote. If the majority of registered votes are in favour of the amendment, it is passed.

The first three amendments were proposed by initiative petition and approved and ratified by the people at the 1960 General Election. The fourth amendment was proposed and passed by the 1995 Legislature, agreed to and passed by the 1997 Legislature, and approved and ratified by the people at the 1998 General Election. The fifth amendment followed a similar process, being proposed and passed by the 2009 Legislature, agreed to and passed by the 2011 Legislature, and approved and ratified by the people at the 2012 General Election.

Amendments have covered a range of issues, including the right to vote, the powers of the state, and equal rights. For example, the sixth amendment, ratified in 2004, outlined the rights of voters, including the right to vote without being intimidated, threatened, or coerced, and the right to have questions concerning voting procedures answered. The constitution was also amended in 2008 to limit the power of the state to use eminent domain, in response to the decision of the U.S. Supreme Court in Kelo v. City of New London.

In 2022, an equal rights amendment inclusive of sexual orientation and gender identity/expression was approved by 58% of Nevada voters, making Nevada the only US state with such a provision in its foundational document. The most recent amendment, which came into force in 2020, recognises same-sex marriages and grants religious organisations the right to refuse to solemnise a marriage.

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The constitution was created at a convention in Carson City

The Nevada Constitution was created at a convention in Carson City, Nevada, on July 4, 1864. 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 document was created by 39 delegates, 33 of whom had come to Nevada from California, and all but five were under fifty years of age. The president of the convention was J. Neely Johnson, a former California governor and future justice of the Nevada Supreme Court.

The 1864 convention was actually the second attempt to create a constitution for Nevada. The first convention took place in November 1863 and lasted 32 days. However, the document produced by this first convention was not ratified by the voters of Nevada Territory and was not authorized by the U.S. Congress. The 1864 constitution was very similar to the 1863 version, but with two significant changes: it specified that only the proceeds of mines and claims could be taxed, and it omitted a list of candidates for state offices.

The 1864 Nevada Constitution has been amended over 100 times, with voters most recently approving two amendments on November 5, 2024. The constitution consists of 19 articles (one of which has been repealed) and a suffix provision that provides for the election of delegates to the constitutional convention. 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 constitution was created on July 4, 1864

The Nevada Constitution was created on July 4, 1864, in Carson City, Nevada. This was the second attempt at a constitution for the state, as the first, drafted in 1863, was not ratified by the voters of Nevada Territory or authorised by the US Congress. The 1864 constitution was based largely on the Constitution of the State of California, which, in turn, was modelled on the New York State Constitution.

The delegates at the 1864 convention, who met in Carson City, ranged in age from 26 to 64 years old. Three were foreign-born, eleven were lawyers, and thirty-three had come to Nevada from California. All but one were registered as Unionists. The president of the convention was J. Neely Johnson, a former California governor and future justice of the Nevada Supreme Court.

The 1864 constitution made two significant changes to the 1863 document. Firstly, it specified that only the proceeds of mines and mining claims could be taxed, rather than all mines and claims, regardless of production. Secondly, it omitted a list of candidates for state offices.

The convention adjourned on July 28, 1864, and the constitution took effect on October 31 of that year, when President Abraham Lincoln declared Nevada to be a state. Nevada was the 36th state to enter the Union, and its constitution has been amended over 100 times since its inception.

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