Nevada became a state much earlier in its development than, for example, Utah

or Oklahoma. This happened because the Lincoln Administration sought to

augment Republican or Union support to reelect Lincoln in 1864. The
administration also wanted to increase Republican support in Congress so that
the proposed Thirteenth Amendment to the federal constitution, which would
abolish slavery, would be passed to the states. Thus, because of the needs of
national politics, Nevada secured statehood with a population far less than that
required to elect a member of congress. Utah, on the other hand, tolerated
polygamy, described in the Republican platform as one of the "twin relics of
barbarism," and was passed over until that institution was abolished in Utah's
laws. The admission of Oklahoma was delayed because it was feared that
Oklahoma would vote Democratic. Thus, the process of creating new states was
governed by political considerations, not by the automatic application of a
population formula as mandated by the Northwest Ordinance of 1787.

The Constitution of Nevada was adopted hastily in order to complete the process
for statehood before the election of 1864. Except for the original thirteen states
and Texas and California, Nevada had the shortest time as a territory of any
state. It was created as a territory on March 3, 1861, and became a state on
October 31, 1864.

At 18,000 words, the Nevada Constitution is intermediate in length among the

fifty state constitutions. It has been amended more than one hundred times. Our
state constitution does not list the amendments separately at the end, but
changes the text to incorporate them in the document itself. Nevada is one of
nineteen states that still functions under its original constitution.

In order to meet the demands of the enabling act, the constitutional convention
passed an ordinance that prohibited slavery, promised freedom of religious
worship and provided that the federal government continue to own
unappropriated land (about eighty-six percent of Nevada is federally owned land)
and that no state taxes be levied on it.

The Civil War had the most dramatic influence on the constitution. Most
important, the constitutional theory of the Lincoln administration was embedded
in Section 2 of Article I. The Confederates held that the states were sovereign:
the ultimate power resided in them. By contrast, the Republicans and War
Democrats believed that the Union was prior to the states, that the citizens' first
duty was to the nation, and that secession was treason. The Nevada Constitution
states that the "Paramount Allegiance of every citizen is due to the Federal
Government in the exercise of all its Constitutional powers as the same have
been or may be defined by the Supreme Court of the United States; and no
power exists in the people of this or any other State . . . to dissolve their
connection therewith." No other state constitution so clearly and explicitly states
the superior claims of the federal government in its constitution.

The war experience also led to several other features of the constitution. First,
one provision denied the ballot to any "person who, after arriving at the age of
eighteen years, shall have voluntarily borne arms against the United States, or
held civil or military office under the so-called Confederate States." Thus
Confederates and ex-Confederates were barred from political participation until
amnestied. Second, there was elaborate provision for Nevada soldiers and
sailors stationed away from home to vote. Finally, there was to be no slavery in
this new state. While the impact of the Civil War on the Nevada Constitution was
sharp and specific, the impact of Jacksonian ideals of democracy was more
diffused. The whole electoral scheme was democratic: the vote by ballot, the
six-month residence requirement, the large number of elective offices. The last of
the Jacksonian economic planks -- homestead exemption-- was ordered. The bill
of rights was made more specific than the federal one, requiring twice as many
sections for its elaboration. Nevadans were Republicans on Civil War-related
issues but westerners and Jacksonians in all else.

Not only did Nevadans conform to western habits in electoral practice but they
displayed the frontier enthusiasm for immigration into their state. Not only could
foreigners vote after six months' residence but the constitution assured them that
they would "enjoy the same rights in respect to the possession, enjoyment and
inheritance of property, as native-born citizens." By 1924, however, liberal
attitudes had so far declined that this section of the constitution was repealed.

Other provisions reflected the reform spirit of the early nineteenth century. For
example, the provision barring duelists from office reflected hostility to the honor
code that had occasioned the loss of Alexander Hamilton and the naval hero
Stephen Decatur. Similarly, the constitution confirmed the right of women to
separate property, a right that 1850s' feminism had managed to establish.

The following is a description of the constitution with commentary:

Article I is a declaration of the inalienable rights of Nevada citizens, much like the
federal bill of rights. It guarantees the rights to a fair trial, liberty of conscience,
and freedom of speech and the press. In this substantial restatement of the first
ten amendments of the federal constitution, Nevada (along with other states
which follow the practice) protects its citizens from encroachment on their rights
by state action.

Article II deals with the right to vote. A poll tax limiting eligible voters was
repealed in 1966. Voting rights were extended to all citizens eighteen years of
age or older by a 1971 amendment. A six-month residency requirement was
reduced to thirty days in 1975 by an act of the legislature, following a U.S.
Supreme Court decision. In 1912 the power of the citizens to recall public officials
was added. A recall petition petition signed by at least 25% of the voters in the
preceding general election in the appropriate area must be filed. If the targeted
official does not resign within five days of the filing, an election is to be held
within twenty days. Other candidates may be placed on the ballot; the candidate
with the highest number of votes serves the remainder of the term. If only the
targeted official's name is on the ballot, the vote is whether or not to retain that
official. If the official is recalled, the seat is filled in the same way as other
mid-term vacancies.

This article also provides for the recall of state and local officials. (Members of
the U.S. Congress cannot be recalled, as they are considered federal officials.) A
recall petition must contain the signatures of at least 25% of the voters in the last
election in the governmental unit of the targeted official. The recall petition must
be filed within 60 days of notifying the targeted official of the intention to recall. A
special election must be held within 20 days of the filing of the petition. The ballot
contains a statement of the charges against the official and a response to them.
The ballot lists the targeted official and other candidates for the office. Whoever
receives the most votes serves out the remainder of the term.
Article III sets up the three separate departments of government: legislative,
executive, and judicial.

Article IV outlines the legislative branch of government. It establishes a

legislature with two houses, the Senate and the Assembly, that meet in biennial
sessions beginning the first Monday in February. The assembly members must
be twenty-one years old and reside in their districts. They have a two-year term.
Senators have the same age limitation and serve four-year terms. The original
constitution used the census as the basis of representation in both houses of the
Legislature. However, the constitution was amended in 1950 to provide for one
senator from each county. Growth in the state's population contributed to
inequitable representation between the rural and urban areas, and in 1965 the
U.S. Supreme Court ordered the reapportionment of state legislatures. The
return to a population basis for representation increased the Nevada Assembly
from thirty-seven to forty members and the Senate from seventeen to twenty. In
1981, the Assembly had forty-two members and the Senate twenty-one.
Reapportionment has shifted power in the legislature from rural to urban areas.
This has particularly benefitted ClarkCounty whose legislators have a majority in
both houses.

Each house elects its own officers except for the Senate whose nominal
presiding officer is the lieutenant governor. The Speaker is the presiding officer of
the Assembly.

A majority of the elected is necessary to do business. Bills may originate in either

house and must concern only one subject. A majority of all elected members
must vote "yes" to pass a bill. While there is a 120-day limit on sessions,
legislators are paid a salary for only sixty days in a regular session; after that,
they are paid only expenses. There is no limit on the length of special sessions.

Every bill passed by the legislature is sent to the governor for approval. At this
point, several options are available. The bill may be signed by the governor and
become a law. It may be vetoed and returned to the house where it originated
with the reasons for its rejection. Both houses can override the veto by two-thirds
vote of the total membership and pass it as a law. If the governor holds the bill
without action for five days (Sundays excepted), while the legislature is still in
session, the bill becomes law as if it had been signed. If the legislature has
already adjourned, the governor has ten days (Sundays excepted) to act. If the
bill is rejected by the governor, it must be sent to the secretary of state with the
detailed objections during that period. If the ten-day period lapses, the bill
becomes a law without the governor's signature. The legislature has a chance to
override the veto at its next session by two-thirds vote of each house's total
membership. The governor does not have an "item veto" (that is, may not veto
any part of a bill but must reject the whole bill).

Article V describes the powers and responsibilities of the executive branch. The
governor must be at least twenty-five years old and a resident of the state for two
years. The position entails a four-year term. The governor is commander-in-chief
of the state military forces, and is vested with the authority to see that all laws are
faithfully executed. The governor delivers a "state of the state message" at each
regular session of the legislature. A special session of the legislature may be
called by the governor to consider the subjects determined to be urgent by the
executive. When any office falls vacant for which no replacement is otherwise
provided, it is filled by the governor. The governor serves on a board with the
justices of the Supreme Court and the attorney general, which may, by a majority
vote, remit fines, commute sentences, and grant pardons for most crimes. If the
governor dies, is unable to act, or leaves the state, the governor's duties and
powers pass to the lieutenant governor. The lieutenant governor must fulfill the
same qualifications as the governor. The sole constitutional duty of the lieutenant
governor is to preside over the senate.

Article VI deals with the judicial department of state government. The judicial
power of the state resides in a Supreme Court, district courts and justices of the
peace. Six associate justices and a chief justice make up the Supreme Court. All
are elected for six-year terms and at different times. Almost all of the work of the
Court comes on appeals of cases already tried in district courts.

The state has many district judges and the number has grown over the years.
They are elected to six-year terms. The district courts are the trial courts for
important crimes and suits involving over $5000. The district courts also hear
appeals from justice courts. A justice of the peace hears civil cases less than
$5000 and misdemeanor crimes. The justice of the peace can also bind over
individuals to trial in the district court. Outside of Washoe and Clark counties the
justices of the peace spend much of their time performing marriages.

Article VII provides the method of impeachment and removal from office. All
officers of the state except justices of the peace are liable to impeachment
proceedings. The assembly votes on the charges which constitute the
impeachment. The trial takes place in the Senate. If the governor or lieutenant
governor is impeached, the Chief Justice presides. A two-thirds vote of the
senators is needed to convict and remove an officer.

Justices of the Supreme Court and district courts are subject to simple removal
even if there is not sufficient evidence of wrongdoing for impeachment
proceedings. Such a removal requires a vote by two-thirds of all the senators and
assembly members elected.

Article VIII deals with cities and other corporations. Corporations must be
incorporated by general, not special laws. Cities may be created by special laws.
The state cannot donate or lend money to profit-making corporations. Counties
and cities are similarly barred, but they can own part of or aid railroads if they
wish.

Article IX deals with finance and the state department. The fiscal year since 1930
has begun on July 1. The legislature is supposed to provide enough tax revenues
to pay for its appropriations, so the state does not go into debt in its ordinary
operations.

The state may borrow, but its debts may never exceed two percent of the
assessed valuation of the state. The state is forbidden to assume county, city
and corporate debts unless incurred to suppress a rebellion or repel an invasion.
Also, the proceeds of license and gas taxes are to be used only for public
highway construction and repair.

Article X concerns taxation. All taxes are to have a uniform rate of assessment.
There is provision for "free port" privileges, which has been little used. Also, no
inheritance or estate tax is to be levied. An income tax is also forbidden. All taxes
on property cannot exceed five cents on one dollar of assessed valuation.
Article XI concerns education. The legislature is charged with establishing a
uniform system of common schools and a university. Sectarian instruction is
forbidden in public schools by the constitution and no public funds can be used
for sectarian purposes.

Article XII deals with the provision for a militia, which the governor can call out to
enforce the laws and suppress riots or repel an invasion.

Article XIII provides that the state may maintain various public institutions such
as prisons, insane asylums and institutions for handicapped persons.

Article XIV originally defined the boundaries of the state as of 1864. However, it
did not recognize the additional land granted from Arizonain 1867, including
ClarkCounty. This was remedied by a constitutional amendment approved by the
voters in 1982.

Article XV deals with many miscellaneous provisions, establishing Carson City as

the capitol, prescribing oaths of office, and defining eligibility to office. The article
sets the general election on the first Tuesday after the first Monday in November.
The total number of legislators is set at no more than seventy-five. Currently we
have only sixty-three. All elections are by a plurality unless otherwise provided by
the constitution. A state civil service system is also authorized by the constitution.

Article XVI deals with amendments to the constitution. The ordinary way to
amend the Nevada Constitution is to have an amendment proposed in either
house of the legislature and then passed by a majority vote by both at two
sessions. Then it is referred to the people and if the people concur by a majority
vote, it becomes part of the constitution. A convention could be used to revise the
constitution if authorized by the legislature and the people, but this procedure has
never been used.

Article XVII set a schedule for beginning the state government in 1864 and 1865
and is no longer relevant.
Article XVIII declares that the right to vote and hold office shall not be withheld
because of color or previous condition of servitude. It was added in 1880 and
repealed in 1992, because it was viewed as obsolete given amendments to the
U.S. Constitution and the Nevada Constitution.

Article XIX outlines the procedure whereby voters can initiate legislation or
constitutional amendments and have laws already in force submitted to them (by
referendum) for approval or disapproval. The referendum works this way:

Whenever ten percent of the registered voters of the state file a petition to vote
upon a law previously enacted by the legislature, the appropriate state officials
must then submit it to a vote of the electorate. If the majority vote "yes," it not
only remains a law but cannot be altered in any way except by a direct vote of
the people. If the law is defeated, it is null and void.

The referendum has another application. Whenever the legislature seeks

guidance from voters it can submit a particular law or proposal to them for their
endorsement.

The procedure for the people to propose laws by initiative is as follows: An

initiative petition must be signed by ten percent or more of the voters who voted
at the last general election in not less than seventy-five percent of the state's
counties (thirteen of seventeen counties). Also, the total number of voters signing
the petition must equal ten percent of all the voters who voted at the last general
election. It is filed with the secretary of state who transmits it to the legislature
when it meets. If the legislature has not passed it within forty days after submittal
by the secretary of state, that official then puts the question before the voters. If
approved, it becomes a law and cannot be amended or repealed for three years.
If it fails to receive a majority vote, it dies.

If the initiative petition concerns a constitutional amendment, it is filed with the

secretary of state not less than sixty days before a general election. It is then
voted on by the state's voters. If it fails to receive a majority, it is dead. If it
receives a majority of the votes cast, it is then resubmitted at the next general
election. If it passes again by a majority vote it is law; if it fails the second time
around it is dead.
The voters of counties and cities also have the referendum opportunities.