Jonah Patel
The Nevada Constitution is the highest law within the state of Nevada and defines the structure, power, and limits of the state government, as well as the basic rights and responsibilities of Nevada citizens. The Nevada Constitution can be amended via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. Amendments in the Nevada Constitution can be found in Article 16, which consists of two sections. Article 19 specifies how the Assembly or Senate may propose amendments to the constitution. An example of an amendment in the Nevada Constitution is Section 21 of Article 1, which states that the State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.
| Characteristics | Values |
|---|---|
| Date of the first draft | 1st Wednesday of September 1864 |
| Date Nevada was admitted into the Union | 31 October 1864 |
| Number of times amended | Over 100 |
| Requirements for an amendment | Majority of registered votes |
| Requirements for an initiated constitutional amendment | Signatures from 10% of voters in the preceding general election |
| Requirements for a legislatively referred constitutional amendment | Simple majority vote (minimum 22 votes in the Assembly and 11 in the Senate) |
| Requirements for a convention-referred constitutional amendment | Two-thirds vote of the Nevada State Legislature |
| Last date an amendment was approved | 5 November 2024 |
| First prefix provision | Requirement for a constitutional convention |
| Second prefix provision | Prohibition on slavery, religious freedom, and declaring public lands as property of the United States |
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What You'll Learn
Marriage equality
The Nevada Constitution is the highest law within the state of Nevada and defines the structure, power, and limits of the state government, as well as the basic rights and responsibilities of Nevada citizens. The Nevada Constitution can be amended via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
In 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex marriage is protected under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Despite this ruling, as of 2019, Nevada was one of 30 states with a constitutional provision prohibiting same-sex marriage.
In 2020, Nevada voters were asked whether the Nevada Constitution should be amended to recognize marriages and issue marriage licenses to couples regardless of gender, and to ensure that all legally valid marriages are treated equally under the law. This amendment, known as Question 2, passed with 62% of the vote and went into force on November 24, 2020. The amendment also included a religious exemption, allowing religious organizations and members of the clergy to refuse to solemnize a marriage without fear of legal repercussions.
The passage of Question 2 was a significant step towards marriage equality in Nevada, ensuring that same-sex couples have the same rights and protections as opposite-sex couples under the law. It also sent a powerful message to the LGBTQ+ community in Nevada, affirming the state's commitment to equal rights for all citizens, regardless of sexual orientation or gender identity.
In addition to the marriage amendment, Nevada also has an equal rights amendment that includes sexual orientation and gender identity/expression. This amendment was approved by 58% of Nevada voters in the November 2022 general election, making Nevada the only US state with these explicit protections in its constitution.
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Suffrage
Article 2 of the Nevada Constitution is entitled "Right of Suffrage" and consists of 10 sections, although one source states there are 11 sections. This article has been amended several times, including in 1880, 1886, 1914, 1956, 1970, 1971, 1972, and 2004.
The amendments to Article 2 have addressed various aspects of suffrage and voting rights. For example, the amendment approved in 1956 and repealed in 1972 stated that military and naval service members had the right to vote, provided that they were otherwise entitled to the same. This amendment also specified that votes should be cast in the county and township where these service members were residents at the time of their entry into service. Additionally, it abolished the requirement of a poll tax as a condition for the right to vote.
Another amendment, approved in 1910 and repealed in 1966, addressed the payment of an annual poll tax by male residents between the ages of 21 and 60.
The current version of Article 2, Section 1 of the Nevada Constitution states that all citizens of the United States who are 18 years of age or older and have resided in the state for at least six months are entitled to vote, provided they are not disqualified by any disabilities named in the constitution.
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Distribution of Powers
The Nevada Constitution was created at a constitutional convention on July 4, 1864, in Carson City, and it took effect on October 31, 1864, when President Abraham Lincoln declared Nevada a state. The constitution was approved by the vote of the people of the Territory of Nevada on the first Wednesday of September 1864.
The Nevada Constitution 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-led ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments. In Nevada, the number of signatures required for an initiated constitutional amendment is equal to 10% of the total number of votes cast in the preceding general election. A simple majority vote in two consecutive elections is required for voter approval.
Article 3 of the Nevada Constitution is entitled "Distribution of Powers" and consists of one section. Section 1 of Article 3 states that the powers of the Government of the State of Nevada shall be divided into three separate departments: the Legislative, the Executive, and the Judicial. Persons charged with the exercise of powers belonging to one of these departments shall not exercise any functions pertaining to either of the others, except in cases expressly directed or permitted in the constitution.
The Legislative authority of the State of Nevada is vested in a Senate and Assembly, designated as "The Legislature of the State of Nevada." The sessions of the Legislature are biennial and commence on the first Monday of February following the election of members of the Assembly. The Legislature shall adjourn sine die for each regular session not later than 120 calendar days following its commencement.
The Nevada Constitution also outlines the powers of the Legislative, Executive, and Judicial departments in Articles 4, 5, and 6, respectively.
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Legislative Department
The Legislative Department of the Nevada Constitution has undergone You may want to see also The Nevada Constitution is the highest law within the state of Nevada and defines the structure, power, and limits of the state government, as well as the basic rights and responsibilities of Nevada citizens. It is subordinate to the US Constitution and requires Nevada to be a republic consisting of the bicameral Nevada Legislature, the Supreme Court of Nevada, and the office of the Governor of Nevada. The current Nevada Constitution was written in 1864 and has been amended over 112 times. The Nevada Constitution can be amended via three different 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. In Nevada, the number of signatures required for an initiated constitutional amendment is equal to 10% of the total number of votes cast in the preceding general election. A simple majority vote in two consecutive elections is required for voter approval. A legislatively-referred constitutional amendment requires a simple majority vote during two successive legislative sessions for the Nevada State Legislature to place a constitutional amendment 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. Amendments do not require the governor's signature to be referred to the ballot. According to Section 2 of Article 16 of the Nevada Constitution, a two-thirds vote of the Nevada State Legislature is required to refer a constitutional convention question. Section 1 of Article 19 specifies how the Assembly or Senate may propose amendments to the constitution. A majority of all members of both houses must pass the proposed amendment. The proposed amendment must then pass the next consecutive biennial session. If it passes, the proposed amendment is sent to the people for a vote. If the majority of the registered votes pass the amendment, the constitution is amended/changed. Sections 2 and 3 of Article 19 define how citizen initiatives for constitutional amendments can be approved. Ballot initiatives must be approved in two general elections. You may want to see also The Constitution of the State of Nevada is the highest law within the U.S. state of Nevada. It defines the structure, power, and limits of the state government and lays out the basic rights and responsibilities of Nevada citizens. 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 is required during two successive legislative sessions for the Nevada State Legislature to place a constitutional amendment 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. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. In Nevada, the number of signatures required for an initiated constitutional amendment is equal to 10% of the total number of votes cast in the preceding general election. A simple majority vote in two consecutive elections is required for voter approval. Some examples of amendments to the Nevada Constitution include: - Section 21 of Article 1, which recognises marriages and issues marriage licenses to couples regardless of gender. - Article 1, Section 22, which limits the power of the state to use eminent domain. - An equal rights amendment inclusive of sexual orientation and gender identity/expression, making Nevada the only U.S. state to include these in its foundational document.Amendments: Their Home in the North Carolina Constitution
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