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Oxford Law Citator
Contents
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Preliminary Material
Contents
Series Foreword
Foreword
Main Text
Part One The History of the Nebraska Constitution
The History and Development of the Nebraska Constitution
Lurching Toward Statehood
Remaking the Constitution: 1867–1875
Changing the Constitution: 1875–1920
1920 to the Present
Amending the Constitution
Conclusion
Part Two The Nebraska Constitution and Commentary
Preliminary Material
Preamble
Art.I Bill of Rights
s.1 Statement of Rights
s.2 Slavery Prohibited
s.3 Due Process of Law
s.4 Religious Freedom
s.5 Freedom of Speech and Press
s.6 Trial by Jury
s.7 Search and Seizure
s.8 Habeas Corpus
s.9 Bail; Fines; Imprisonment; Cruel and Unusual Punishment
s.10 Presentment or Indictment by Grand Jury; Information
s.11 Rights of Accused
s.12 Evidence Against Self; Double Jeopardy
s.13 Justice Administered Without Delay
s.14 Treason
s.15 Penalties; Corruption of Blood; Transporting out of State Prohibited
s.16 Bill of Attainder; Retroactive Laws; Contracts; Special Privileges
s.17 Military Subordinate
s.18 Soldier’s Quarters
s.19 Right of Peaceable Assembly and to Petition Government
s.20 Imprisonment for Debt Prohibited; Exception
s.21 Private Property Compensated for
s.22 Elections to be Free
s.23 Cases in Felony; Right of Appeal to Supreme Court; Operate as a Supersedeas
s.24 Repealed, 1990.
s.25 Rights of Property; no Discrimination; Aliens
s.26 Powers Retained by the People
s.27 English Language to be Official
Art.II Distribution of Powers
s.1 Legislative; Executive; Judicial
Art.III Legislative
s.1 Legislative Authority; how Vested
s.2 First Power Reserved: Initiative
s.3 Second Power Reserved: Referendum
s.4 Initiative or Referendum; Signatures Required; Veto; Election Returns; Constitutional Amendments; Non-Partisan Ballot
s.5 Legislative Districts; Apportionment; Redistricting; when Required
s.6 Legislature; Number of Members; Annual Sessions
s.7 Legislators; Terms; Effect of Redistricting; Elections; Salary; Expenses; Mileage
s.8 Legislators; Qualifications; One-Year Residence in District; Removal from District; Effect
s.9 Legislators; Disqualifications
s.10 Legislative Sessions; Time; Quorum; Rules of Procedure; Expulsion of Members; Disrespectful Behavior; Penalty
s.11 Legislative Journal; Vote Viva Voce; Open Doors
s.12 Repealed, 1934.
s.13 Style of Bills; Majority Necessary to Passage; Yeas and Nays Entered on Journal
s.14 Bills and Resolutions Read by Title; Printing; Bills to Contain one Subject; Amended Section to be set Forth; Signing of Bills
s.15 Members Privileged from Arrest
s.16 Members of Legislature; Conflict of Interest; Standards For
s.17 Impeachment; Procedure
s.18 Local or Special Laws Prohibited
s.19 Compensation; Increase; Extra Compensation to Public Officers and Contractors Prohibited; Retirement Benefits; Adjustment
s.20 Salt Springs; Coal; Oil; Minerals; Alienation Prohibited
s.21 Donation of State Lands Prohibited
s.22 Appropriations for State; Deficiencies; Bills for pay of Members and Officials
s.23 Repealed, 1972.
s.24 Games of Chance and Lotteries Prohibited; Exceptions
s.25 Incidental Expenses of State Officers; Specific Appropriations Always Necessary; Warrants for Money
s.26 Privilege of Members
s.27 Acts Take Effect After Three Months; Emergency Bills; Session Laws
s.28 Repealed, 1934.
s.29 Legislative Authority in Emergencies Due to Enemy Attack Upon the United States
Art.IV Executive (Originally Article V )
s.1 Executive Departments; Officers; Election; Terms; Eligibility; Books to be Kept at Seat of Government; Residence of Officers; Heads of Departments; Appointments
s.2 Governor; Lieutenant Governor; Eligibility; Qualifications; Appointive Officers; Ineligible for Other Offices
s.3 Treasurer; Ineligibility
s.4 Election Returns; Canvass by Legislature; Conduct of Election Contests
s.5 Impeachment
s.6 Supreme Executive Power
s.7 Message by Governor; Budget; Contents; Budget Bill; Preparation; Appropriations not to be in Excess of Budget; Exception; Excess Subject to Veto
s.8 Special Sessions
s.9 Repealed, 1934.
s.10 Governor to Appoint Officers; Removal
s.11 Elected State Officer; Vacation of Office; Governor Fill by Appointment; Term
s.12 Nonelective State Officers; Vacation; Governor; Fill the Office by Appointment; Approval by Legislature
s.13 Board of Parole; Members; Powers; Reprieves; Proceedings; Power to Pardon; Limitations
s.14 Governor to be Commander-in-Chief of Militia
s.15 Bills to be Presented to Governor; Approval; Procedure; Disapproval or Reduction of Items of Appropriation; Passage Despite Disapproval or Reduction
s.16 Order of Succession to Become Governor; Lieutenant Governor; Duties
s.17 Repealed, 1934.
s.18 Repealed, 1972.
s.19 State Institutions; Management, Control, and Government; Determination by Legislature
s.20 Public Service Commission; Membership Terms; Powers
s.21 Repealed, 1972.
s.22 Executive Officials to Keep Accounts; Reports; False Reports; Penalties
s.23 Executive Officials and Heads of Institutions; Reports to Legislature; Information from Expending Agencies
s.24 Great Seal
s.25 Salaries of Officials; Fees
s.26 Officials to Give Bonds
s.27 Executive Offices; Creation of
s.28 Tax Commissioner; Powers; Compensation
Art.V Judicial (Originally Article VI )
s.1 Power Vested in Courts; Executive Head
s.2 Supreme Court; Quorum; Decisions of Unconstitutionality; Jurisdiction; District Judges as Associate Judges; Retired Supreme Court Judges; Temporary Duty; Court Divisions; Assignments by Chief Justice
s.3 Terms of Supreme Court
s.4 Supreme Court Justices; Selection; Residence
s.5 Supreme Court Judicial Districts; Redistricting; When
s.6 Chief Justice to Preside
s.7 Chief Justice; Associate Justices; Qualifications
s.8 Staff of the Supreme Court; Budget; Copyright of State Reports
s.9 District Courts; Jurisdiction; Felons May Plead Guilty; Sentence
s.10 District Court Judicial Districts
s.11 District Court Judges; Change of Number; Boundaries
s.12 District Court Judges May Hold Court for Each Other; Retired Judges; Temporary Duty
s.13 Supreme Court and District Judges; Salaries
s.14 Supreme Court and District Judges not to act as Attorneys; Judge not to Practice Law; When
s.15 Repealed, 1970.
s.16 Repealed, 1970.
s.17 Repealed, 1970.
s.18 Repealed, 1970.
s.19 Practice of all Courts to be Uniform
s.20 Judicial Officers; Tenure; Residence; Duties; Compensation
s.21 Merit Plan for Selection of Judges; Terms of Office; Filling of Vacancies; Procedures; Voting for Nominee
s.22 State May Sue and be Sued
s.23 Jurisdiction of Judges at Chambers
s.24 Style of Process
s.25 Supreme Court to Promulgate Rules of Practice; to Make Recommendations to Legislature
s.26 Proviso as to effect of Amendment
s.27 Juvenile Courts; Authorization
s.28 Commission on Judicial Qualifications; Appointment; Composition; Qualifications
s.29 Commission on Judicial Qualifications; Vote of Majority Required for Action
s.30 Judges; Discipline; Removal from Office; Grounds; Procedure
s.31 Judges; Procedure for Removal From Office Cumulative
Art.VI Suffrage (Originally Article VII )
s.1 Qualifications of Electors
s.2 Who Disqualified
s.3 Soldier, Seaman, or Marine; Place of Voting
s.4 Repealed, 1972.
s.5 Electors Privileged From Arrest
s.6 Votes; how Cast
Art.VII Education (Originally Article VIII )
s.1 Free Instruction
s.2 State Department of Education; General Supervision of School System
s.3 State Board of Education; Members; Election; Manner of Election; Term of Office
s.4 Commissioner of Education; Appointment; Powers; Duties
s.5 Fines, Penalties, and License Money; Allocation; Use of Forfeited Conveyances
s.6 Educational Lands; Management; Board of Educational Lands and Funds; Number; Appointment; Sale of Lands
s.7 Perpetual Funds Enumerated
s.8 Trust Funds Belong to State for Educational Purposes; Use; Investment
s.9 Educational Funds; Trust Funds; Use
s.10 University of Nebraska; Government; Board of Regents; Election; Student Membership; Terms
s.11 Appropriation of Public Funds; Handicapped Children; Sectarian Instruction; Religious Test of Teacher or Student
s.12 Education and Reform of Minors
s.13 State Colleges; Government; Board; Name; Selection; Duties; Compensation
s.14 Coordinating Commission for Postsecondary Education
s.15 Repealed, 1972.
s.16 Repealed, 1972.
s.17 Repealed, 1972.
Art.VIII Revenue (Originally Article IX )
s.1 Revenue; Raised by Taxation; Classification; Uniformity
The Development of Section 1
The Status of the Property Tax
Other Taxes
s.1A Levy of Property Tax for State Purposes; Prohibition
s.1B Income Tax May be Based on Laws of the United States
s.2 Exemption of Property From Taxation; Classification
s.2A Exemption of Personal Property in Transit in Licensed Warehouses
s.3 Redemption From Sales of Real Estate for Taxes
s.4 Legislature has no Power to Remit Taxes; Exception; Cancellation of Taxes on Land Acquired by the State
s.5 County Taxes; Limitations
s.6 Local Improvements of Cities, Towns, and Villages
s.7 Private Property not Liable for Corporate Debts; Municipalities and Inhabitants Exempt for Corporate Purposes
s.8 Funding Indebtedness; Warrants
s.9 Claims Upon Treasury; Adjustment; Approval; Appeal
s.10 Taxation of Grain and Seeds; Alternative Basis Permitted
s.11 Public Corporations and Political Subdivisions Providing Electricity; Payment in Lieu of Taxes
s.12 Cities or Villages; Redevelopment Project; Substandard and Blighted Property; Incur Indebtedness; Taxes; how Treated
s.13 Effect of 1992 Amendments
Art.IX Counties (Originally Article X )
s.1 Area
s.2 Division of County; Decision of Question
s.3 County Added to Another; Prior Indebtedness; County Stricken Off; Liabilities
s.4 County and Township Officers
s.5 Township Organization
Art.X Public Service Corporations (Originally A Part of Article XI )
s.1 Reports Under Oath
s.2 Property Liable to Sale on Execution
s.3 Consolidation of Stock or Property
s.4 Railways Declared Public Highways; Maximum Rates; Liability not Limited
s.5 Capital Stock; Dividends
s.6 Eminent Domain
s.7 Unjust Discrimination and Extortion
s.8 Eminent Domain for Depot and Other Uses
Art.XI Municipal Corporations
s.1 Subscription to Stock Prohibited
s.2 City of 5,000 May Frame Charter; Procedures
s.3 Rejection of Charter; Effect; Procedure to Frame New Charter
s.4 Charter; Amendment; Charter Convention
s.5 Charters of City of 100,000; Home Rule Charter Authorized
Art.XII Miscellaneous Corporations (Originally A Part of Article XI )
s.1 Legislature to Provide for Organization, Regulation, and Supervision of Corporations and Associations; Limitation; Election for Directors or Managers; Voting Rights of Stockholders
s.2–6 Repealed, 1972.
s.7 Repealed, 1938.
s.8 Corporation Acquiring an Interest in Real Estate Used for Farming or Ranching or Engaging in Farming or Ranching; Secretary of State, Attorney General; Duties; Legislature; Powers
Art.XIII State, County, and Municipal Indebtedness (Originally Article XII )
s.1 State May Contract Debt; Limitations; Exceptions
s.2 Industrial Development; Powers of Counties and Municipalities
s.3 Credit of the State; Exception
Art.XIV Militia (Originally Article XIII )
s.1 Personnel; Organization; Discipline
Art.XV Miscellaneous Provisions (Originally Article XIV )
s.1 Official Oath; Refusal; Disqualifications
s.2 Official in Default as Collector and Custodian of Public Money or Property; Disqualification; Felon Disqualified
s.3 Repealed, 1986.
s.4 Water a Public Necessity
s.5 Use of Water Dedicated to the People
s.6 Right to Divert Unappropriated Waters
s.7 Use of Water for Power Purposes
Natural Want and Beneficial Use
The Doctrine of Prior Appropriation
Groundwater
s.8 Employment of Women and Children; Minimum Wage
s.9 Controversies Between Employers and Employees; Industrial Commission; Appeal to Supreme Court
s.10 Repealed, 1934.
s.11 Repealed, 1972.
s.12 Removal of State Capital
s.13 Labor Organizations; no Denial of Employment; Closed Shop not Permitted
s.14 Labor Organization; Definition
s.15 Labor Organizations; Amendment Self-Executing; Laws to Facilitate Operation Permitted
s.16 Repealed, 1972.
s.17 Retirement and Pension Funds; Investment
s.18 Governmental Powers and Functions; Intergovernmental Cooperation; Legislature May Limit
Art.XVI Amendments (Originally Article XV )
s.1 How Proposed
s.2 Convention
Art.XVII Schedule (Originally Article XVI )
s.1 Terms; Reference to Members of the Legislature to Include Appointed and Elected Members
s.2 Repealed, 1972.
s.3 Repealed, 1972.
s.4 General Election of State
s.5 Terms of Office of all Elected Officers
s.6 Legislature to Pass Necessary Laws
s.7 Repealed, 1972.
s.8 Repealed, 1972.
s.9 Constitution to be Enrolled
s.10 [Failed to be Adopted]
s.11 Repealed, 1972.
Authentication Clauses
Further Material
Bibliography
Table of Cases
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
R
S
T
U
V
W
X
Y
Index
About the Authors
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Contents
From:
The Nebraska State Constitution
Robert D. Miewald, Peter J. Longo
Content type:
Book content
Product:
US Constitutional Law [USC]
Series:
Oxford Commentaries on the State Constitutions of the United States
Published in print:
15 April 2011
ISBN:
9780199779314
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