Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada. Right of Suffrage. Distribution of Powers. Legislative Department. Executive Department. Judicial Department. Impeachment and Removal From Office. Municipal and Other Corporations.
Finance and State Debt. Public Institutions. Miscellaneous Provisions. Initiative and Referendum. That the Members of this Convention, elected by the Authority of the aforesaid enabling Act of Congress, Assembled in Carson City the Capital of said Territory of Nevada, and immediately subsequent to its Organization, do adopt, on behalf of the people of said Territory the Constitution of the United States[.
Slavery prohibited; freedom of religious worship; disclaimer of public lands. That there shall be in this state neither slavery nor involuntary servitude, otherwise than in the punishment for crimes, whereof the party shall have been duly convicted.
That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested, in person or property, on account of his or her mode of religious worship. That the people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to the residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States, unless otherwise provided by the congress of the United States.
Proposed and passed by the legislature; agreed to and passed by the legislature; approved and ratified by the people at the general election. See: Statutes of Nevada , p. Slavery prohibited; freedom of religious worship; taxation of certain property.
That the people inhabiting said territory do agree and declare, that lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to the residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States, unless otherwise provided by the Congress of the United States.
The first amendment was proposed and passed by the legislature; agreed to and passed by the legislature; approved and ratified by the people at the general election. The second amendment was proposed and passed by the legislature; agreed to and passed by the legislature; and approved and ratified by the people at the general election, effective on the date Congress consents to amendment or a legal determination is made that such consent is not necessary.
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.
Purpose of government; paramount allegiance to United States. Trial by jury; waiver in civil cases. Excessive bail and fines; cruel or unusual punishments; detention of witnesses. Bail; exception for capital offenses and certain murders. Rights of accused in criminal prosecutions; jeopardy; due process of law; eminent domain.
Liberty of speech and the press. Right to assemble and to petition. Right to keep and bear arms; civil power supreme. Quartering soldier in private house. Representation apportioned according to population. Exemption of property from execution; imprisonment for debt.
Bill of attainder; ex post facto law; obligation of contract. Rights of foreigners. Slavery and involuntary servitude prohibited. Unreasonable seizure and search; issuance of warrants. Limitation on recognition of marriage. Recognition of marriage. Eminent domain proceedings: Restrictions and requirements. Equality of rights. Inalienable rights. All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness[.
All political power is inherent in the people[. But 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 of the Federal Union to dissolve their connection therewith or perform any act tending to impair[,] subvert, or resist the Supreme Authority of the government of the United States.
The Constitution of the United States confers full power on the Federal Government to maintain and Perpetuate its existance [existence], and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority. The right of trial by Jury shall be secured to all and remain inviolate forever; but a Jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law; and in civil cases, if three fourths of the Jurors agree upon a verdict it shall stand and have the same force and effect as a verdict by the whole Jury, Provided, the Legislature by a law passed by a two thirds vote of all the members elected to each branch thereof may require a unanimous verdict notwithstanding this Provision.
Liberty of conscience. The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed in this State, and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief, but the liberty of consciene [conscience] hereby secured, shall not be so construed, as to excuse acts of licentiousness or justify practices inconsistent with the peace, or safety of this State.
Suspension of habeas corpus. The privilege of the writ of Habeas Corpus, shall not be suspended unless when in cases of rebellion or invasion the public safety may require its suspension. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.
All persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great. Proposed and passed by the legislature; agreed to and passed by the legislature; and approved and ratified by the people at the general election.
No person shall be tried for a capital or other infamous crime except in cases of impeachment, and in cases of the militia when in actual service and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or Attorney General of the State, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions.
No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself. No person shall be deprived of life, liberty, or property, without due process of law. Private property shall not be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.
The first amendment was proposed and passed by the legislature; agreed to and passed by the legislature; and approved and ratified by the people at the general election.
The second amendment was proposed and passed by the legislature; agreed to and passed by the legislature; and approved and ratified by the people at the general election. The third amendment was proposed and passed by the Legislature; agreed to and passed by the Legislature; and approved and ratified by the people at the General Election.
Rights of victims of crime. Each person who is the victim of a crime is entitled to the following rights:. A victim has standing to assert the rights enumerated in this section in any court with jurisdiction over the case.
A defendant does not have standing to assert the rights of his or her victim. This section does not alter the powers, duties or responsibilities of a prosecuting attorney. A victim does not have the status of a party in a criminal proceeding. Except as otherwise provided in subsection 4, no person may maintain an action against this State or any public officer or employee for damages or injunctive, declaratory or other legal or equitable relief on behalf of a victim of a crime as a result of a violation of this section or any statute enacted by the Legislature pursuant thereto.
No such violation authorizes setting aside a conviction. A person may maintain an action to compel a public officer or employee to carry out any duty required by this section or any statute enacted by the Legislature pursuant thereto. The granting of these rights to victims must not be construed to deny or disparage other rights possessed by victims.
A parole authority shall extend the right to be heard at a parole hearing to any person harmed by the offender. The Legislature shall by law provide any other measure necessary or useful to secure to victims of crime the benefit of the rights set forth in this section.
Every citizen may freely speak, write and publish his sentiments on all subjects being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libels, the truth may be given in evidence to the Jury; and if it shall appear to the Jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated.
The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives and to petition the Legislature for redress of Grievances. Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes. The military shall be subordinate to the civil power; No standing army shall be maintained by this State in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years.
No soldier shall, in time of Peace be quartered in any house without the consent of the owner, nor in time of War, except in the manner to be prescribed by law. Representation shall be apportioned according to population. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; And there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisioned [imprisoned] for a Militia fine in time of Peace.
No bill of attainder, ex-post-facto law, or law impairing the obligation of contracts shall ever be passed. Neither Slavery nor involuntary servitude unless for the punishment of crimes shall ever be tolerated in this State. The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by Oath or Affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.
Treason against the State shall consist only in levying war against it, adhering to its enemies or giving them Aid and Comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Rights retained by people. This enumeration of rights shall not be construed to impair or deny others retained by the people. Proposed by initiative petition and approved and ratified by the people at the and general elections.
The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.
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. All legally valid marriages must be treated equally under the law.
Notwithstanding any other provision of this Constitution to the contrary:. Public use shall not include the direct or indirect transfer of any interest in property taken in an eminent domain proceeding from one private party to another private party.
In all eminent domain actions, the government shall have the burden to prove public use. If a public use is determined, the taken or damaged property shall be valued at its highest and best use without considering any future dedication requirements imposed by the government. If private property is taken for any proprietary governmental purpose, then the property shall be valued at the use to which the government intends to put the property, if such use results in a higher value for the land taken.
In all eminent domain actions, just compensation shall be defined as that sum of money, necessary to place the property owner back in the same position, monetarily, without any governmental offsets, as if the property had never been taken.
Just compensation shall include, but is not limited to, compounded interest and all reasonable costs and expenses actually incurred. In all eminent domain actions where fair market value is applied, it shall be defined as the highest price the property would bring on the open market. Property taken in eminent domain shall automatically revert back to the original property owner upon repayment of the original purchase price, if the property is not used within five years for the original purpose stated by the government.
The five years shall begin running from the date of the entry of the final order of condemnation. A property owner shall not be liable to the government for attorney fees or costs in any eminent domain action. For all provisions contained in this section, government shall be defined as the State of Nevada, its political subdivisions, agencies, any public or private agent acting on their behalf, and any public or private entity that has the power of eminent domain.
Any provision contained in this section shall be deemed a separate and freestanding right and shall remain in full force and effect should any other provision contained in this section be stricken for any reason. Proposed by initiative petition and approved and ratified by the people at the and General Elections. Proposed new section passed by the Legislature; effective November 22, ; if agreed to and passed by the Legislature and approved and ratified by the voters at the General Election.
Right to vote; qualifications of elector; qualifications of nonelector to vote for President and Vice President of United States.
Rights of voters. When residence not gained or lost. Armed Forces personnel. Privilege of qualified electors on general election day. Voting by ballot; voting in elections by legislature. Registration of electors; test of electoral qualifications. Poll tax: Levy and purpose. Qualifications of voters on adoption or rejection of constitution. Recall of public officers: Procedure and limitations. Limitation on contributions to campaign.
All citizens of the United States not laboring under the disabilities named in this constitution of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector.
There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States. The first amendment was proposed and passed by the Legislature; agreed to and passed by the Legislature; and approved and ratified by the people at the General Election.
The second amendment was approved and ratified by the people at the General Election, but no entry of the proposed amendment had been made upon the journal of either house of the Legislature, and such omission was fatal to the adoption of the amendment. See: State ex rel. Stevenson v. Tufly, 19 Nev. The fourth amendment was proposed and passed by the Legislature; agreed to and passed by the Legislature; and approved and ratified by the people at the General Election.
The fifth amendment was proposed and passed by the Legislature; agreed to and passed by the Legislature; and approved and ratified by the people at a special election held on June 8, The sixth amendment was proposed and passed by the Legislature; agreed to and passed by the Legislature; and approved and ratified by the people at the General Election. To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.
To vote without being intimidated, threatened or coerced. To vote during any period for early voting or on election day if the voter is waiting in line at a polling place at which, by law, the voter is entitled to vote at the time that the polls close and the voter has not already cast a vote in that election. To return a spoiled ballot and receive another ballot in its place. To a sample ballot which is accurate, informative and delivered in a timely manner as provided by law.
To receive instruction in the use of the equipment for voting during any period for early voting or on election day. To equal access to the elections system without discrimination, including, without limitation, discrimination on the basis of race, age, disability, military service, employment or overseas residence. To a uniform, statewide standard for counting and recounting all votes accurately as provided by law.
To have complaints about elections and election contests resolved fairly, accurately and efficiently as provided by law. Proposed new section passed by the Legislature; agreed to and passed by the Legislature; effective November 24, , if approved and ratified by the voters at the General Election. For the purpose of voting, no person shall be deemed to have gained or lost a residence solely by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any institution of learning; nor while kept at any charitable institution or medical facility at public expense; nor while confined in any public prison.
Repealed in Repealer proposed and passed by the legislature; agreed to and passed by the legislature; approved and ratified by the people at the general election.
Provision shall be made by law, regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution.
During the day on which any General Election shall be held in this State no qualified elector shall be arrested by virtue of any civil process. Provision shall be made by law for the registration of the names of the Electors within the counties of which they may be residents and for the ascertainment by proper proofs of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections, and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths, as may be deemed necessary, as a test of electoral qualification.
Prior to European contact, Native Americans of the Paiute , Shoshone , and Washoe tribes inhabited the land comprising the modern state. The first Europeans to explore the region originated from Spain. They gave the region the name of Nevada snowy due to the snow which covered the mountains at winter. The area formed part of the Viceroyalty of New Spain, becoming part of Mexico when that country gained independence in The United States acquired the territory in following its victory in the Mexican-American War , and the area was eventually incorporated as part of Utah Territory in Sign up now to learn about This Day in History straight from your inbox.
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