Nevada Constitution

From Ballotpedia

The Constitution of the State of Nevada was created in 1864 at a convention on July 4 in Carson City, Nevada. The convention adjourned on July 28, was approved by public vote on the 1st Wednesday in September, and became effective on October 31, when on that date President Abraham Lincoln declared Nevada to be a state.

Nevada's constitution can be amended by the state's voters through the citizen initiative process. In Nevada, it is a two-step process. If an initiative is submitted to the state's voters and they approve it, it will be re-submitted to them at another general election in two years. If they again approve of the measure, it will become part of Nevada's constitution.

See Nevada I&R law.

General provisions

The current document as shown on the Website of the Secretary of the State of Nevada, shows the document to have two prefix provisions; a preamble; 19 articles (one having been repealed); and a suffix provision

The first prefix provision, Preliminary Action, which defines the requirement that the state have a constitutional convention;
The second prefix provision, ordinance 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 suffix provision specified how the election for the constitution was to be established.

The articles of the Nevada Constitution are as follows:

Declaration of Rights
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.
Taxation
Education
Militia
Public Institutions
Boundary
Miscellaneous Provisions
Amendments
Schedule
[Right of Suffrage] Repealed in 1992
Initiative and Referendum

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."

Miscellaneous provisions

Article 1, Section 22 provides "Only a marriage between a male and female person shall be recognized and given effect in this state."
A proposed Article 1, section 23, which if approved by the voters would be effective in 2008, would limit the power of the state to use eminent domain, which may be in response to the decision of the U.S. Supreme Court in Kelo v. City of New London.
Article 2, Section 10, requires the legislature to set a limit on initiative, referendum, primary or general election contributions to $5,000 each, and to provide for felony penalties for contributions above this limit.
Article 4, Section 38, permits the use of medical marijuana.
Article 5, Section 3, limits the Nevada Governor to two terms, or one if (s)he has served more than two years of someone else's term.
Article 15, Section 16, sets a minimum wage of $5.15 per hour if the employer provides health insurance, or $6.15 if not.