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Oxford Law Citator
Acknowledgments (Second Edition)
Part one The History of the Nevada Constitution
Part one The History of the Nevada Constitution
The Failed 1863 Constitution
The Constitutional Convention of 1864
Constitutional Development since 1864
Judicial Selection and Discipline
Suffrage and Elections
Part two The Nevada Constitution and Commentary
s.1 Inalienable Rights.
Sec. 2 Purpose of government; paramount allegiance to United States.
Sec. 3 Trial by jury; waiver in civil cases.
Sec. 4 Liberty of conscience.
Sec. 5 Suspension of Habeas Corpus.
Sec. 6 Excessive bails and fines; cruel or unusual punishments; detention of witnesses.
Sec. 7 Bail; exception for capital offenses and certain murders.
Sec. 8 Rights of accused in criminal prosecutions; jeopardy; rights of victims of crime; due process of law; eminent domain.
Indictment or Information
Due Process of Law
Sec. 9 Liberty of speech and the press.
Sec. 10 Right to assemble and to petition.
Sec. 11 Right to keep and bear arms; civil power supreme.
Sec. 12 Quartering soldier in private house.
Sec. 13 Representation apportioned according to population.
Sec. 14 Exemption of property from execution; imprisonment for debt.
Sec. 15 Bill of attainder; ex post facto law; obligation of contract.
Sec. 16 Rights of foreigners.
Sec. 17 Slavery and involuntary servitude prohibited.
Sec. 18 Unreasonable seizure and search; issuance of warrants.
Sec. 19 Treason.
Sec. 20 Rights retained by people.
Sec. 21 Limitation on recognition of marriage.
Sec. 22 Eminent domain proceedings: Restrictions and requirements.
s.1 Right to vote; qualifications of elector; qualifications of nonelector to vote for President and Vice President of the United States.
Sec. 2 When residence not gained or lost.
Sec. 3 Armed forces personnel.
Sec. 4 Privilege of qualified electors on general election day.
Sec. 5 Voting by ballot; voting in elections by legislature.
Sec. 6 Registration of electors; test of electoral qualifications.
Sec. 7 Poll tax: Levy and purpose.
Sec. 8 Qualifications of voters on adoption or rejection of constitution.
Sec. 9 Recall of public officers: Procedures and limitations.
Sec. 10 Limitation on contributions to campaign.
s.1 Three separate departments; separation of powers; legislative review of administrative regulations.
Separation of Duties
Separation of Personnel
Legislative Review of Administrative Regulations
s.1 Legislative power vested in senate and assembly.
Sec. 2 Biennial sessions of legislature: Commencement; limitation on duration; void actions; submission of proposed executive budget.
Sec. 2A Special sessions of Legislature: Procedure for convening; precedence; limitations on business and duration; void actions.
Sec. 3 Members of assembly: Election and term of office; eligibility for office.
Sec. 4 Senators: Election and term of office.
Sec. 5 Number of Senators and members of Assembly; apportionment.
Sec. 6 Power of houses to judge qualifications, elections and returns of members; selection of officers; rules of proceedings; punishment of members.
Sec. 7 Punishment of nonmember.
Sec. 8 Senators and assemblymen ineligible for certain offices.
Sec. 9 Federal officers ineligible for state office; exceptions.
Sec. 10 Embezzler of public money ineligible for office; disqualification for bribery.
Sec. 11 Privilege of members: Freedom from arrest on civil process.
Sec. 12 Vacancy.
Sec. 13 Quorum; compelling attendance.
Sec. 14 Journal.
Sec. 15 Open sessions and meetings; adjournment for more than 3 days or to another place.
Sec. 16 Bills may originate in either house; amendment.
Sec. 17 Act to embrace one subject only; title; amendment.
Sec. 18 Reading of bill; voting on final passage; number of members necessary to pass bill or joint resolution; signatures; referral of certain measures to voters; consent calendar.
Sec. 19 Manner of drawing money from the treasury.
Sec. 20 Certain local and special laws prohibited.
Sec. 21 General laws to have uniform application.
Sec. 22 Suit against state.
Sec. 23 Enacting clause; law to be enacted by bill.
Sec. 24 Lotteries.
Sec. 25 Uniform county and township government.
Sec. 26 Boards of county commissioners: Elections and duties.
Sec. 27 Disqualification of jurors; elections.
Sec. 28 Compensation of legislative officers and employees; increase or decrease of compensation.
Sec. 29 Duration of regular and special sessions.
Sec. 30 Homesteads: Exemption from forced sale; joint consent required for alienation; recording of declaration.
Sec. 31 Property of married persons.
Sec. 32 County officers: Power of legislature; election, duties and compensation; duties of county clerks.
Sec. 33 Compensation of members of Legislature; payment for postage, stationery and other expenses; additional allowances for officers.
Sec. 34 Election of United States senators.
Sec. 35 Bills to be presented to governor; approval; disapproval and reconsideration by legislature; failure of governor to return bill.
Sec. 36 Abolishment of county; approval of voters in county.
Sec. 37 Continuity of government in case of enemy attack; succession to public offices; legislative quorum requirements; relocation of seat of government.
Sec. 37[A] Consolidation of city and county containing seat of government into one municipal government; separate taxing districts.
Sec. 38 Use of plant of genus Cannabis for medical purposes.
s.1 Supreme executive power vested in governor.
Sec. 2 Election and term of governor.
Sec. 3 Eligibility; qualifications; number of terms.
Sec. 4 Returns of general election transmitted to secretary of state; canvass by supreme court; declaration of election.
Sec. 5 Governor is commander in chief of state military forces.
Sec. 6 Transaction of executive business; reports of executive officers.
Sec. 7 Responsibility for execution of laws.
Sec. 8 Vacancies filled by governor.
Sec. 9 Special sessions of Legislature; Authority of Governor; limitations on business and duration; void actions.
Sec. 10 Governor’s message.
Sec. 11 Adjournment of legislature by governor.
Sec. 12 Person holding federal office ineligible for office of governor.
Sec. 13 Pardons, reprieves and commutations of sentence; remission of fines and forfeitures.
Sec. 14 Remission of fines and forfeitures; commutations and pardons; suspension of sentence; probation.
Sec. 15 The Great Seal.
Sec. 16 Grants and commissions: Signatures and seal.
Sec. 17 Election, term, qualifications and duties of Lieutenant Governor; President of Senate; President Pro-Tempore of Senate to act as Governor in certain circumstances.
Sec. 18 Vacancy in office of governor; duties to devolve upon lieutenant governor.
Sec. 19 Other state officers: Election and term of office; eligibility for office.
Sec. 20 Secretary of State: Duties.
Sec. 21 Board of State Prison Commissioners; Board of Examiners; examination of claims
Sec. 22 Duties of certain state officers.
s.1 Judicial power vested in court system.
Sec. 2 Supreme court: Composition; staggered terms of justices; holding of court by panels of justices and full court.
Sec. 3 Justices of Supreme Court: Election; terms; Chief Justice.
Sec. 4 Jurisdiction of Supreme Court; appointment of district judge to sit for disabled or disqualified justice.
Sec. 5 Judicial districts; election and terms of district judges.
Sec. 6 District Courts: Jurisdiction; referees; family court.
Sec. 7 Terms of courts.
Sec. 8 Number, qualifications, terms of office and jurisdiction of justices of the peace; appeals; courts of record.
Sec. 9 Municipal courts.
Sec. 10 Fees or perquisites of judicial officers.
Sec. 11 Justices and judges ineligible for other offices.
Sec. 12 Judge not to charge jury respecting matters of fact; statement of testimony and declaration of law.
Sec. 13 Style of process.
Sec. 14 One form of civil action.
Sec. 15 Compensation of justices and judges.
Sec. 16 Special fee in civil action for compensation of judges.
Sec. 17 Absence of judicial officer from state; vacation of office.
Sec. 18 Territorial judicial officers not superseded until election and qualification of successors.
Sec. 19 Administration of court system by chief justice.
Sec. 20 Filling of vacancies occurring before expiration of term of office in Supreme Court or among district judges; Commission on Judicial Selection.
Sec. 21 Commission on Judicial Discipline; Code of Judicial Conduct.
s.1 Impeachment: Trial; conviction.
Sec. 2 Officers subject to impeachment.
Sec. 3 Removal of Supreme Court justice or district judge.
Sec. 4 Removal of other civil officers.
s.1 Corporations formed under general laws; municipal corporations formed under special acts.
Sec. 2 Corporate property subject to taxation; exemptions.
Sec. 3 Individual liability of corporators.
Sec. 4 Regulation of corporations incorporated under territorial law.
Sec. 5 Corporations may sue and be sued.
Sec. 6 Circulation of certain bank notes or paper as money prohibited.
Sec. 7 Eminent domain by corporations.
Sec. 8 Municipal corporations formed under general laws.
Sec. 9 Gifts or loans of public money to certain corporations prohibited.
Sec. 10 Loans of public money to or ownership of stock in certain corporations by county or municipal corporations prohibited.
s.1 Fiscal year.
Sec. 2 Annual tax for state expenses; trust funds for industrial accidents, occupational diseases and public employees’ retirement system.
Sec. 3 State indebtedness: Limitations and exceptions.
Sec. 4 Assumption of debts of county, city or corporation by state.
Sec. 5 Proceeds from fees for licensing and registration of motor vehicles and excise taxes on fuel reserved for construction, maintenance and repair of public highways; exception.
s.1 Uniform and equal rate of assessment and taxation; valuation of property; exceptions and exemptions; inheritance and income taxes prohibited.
Sec. 2 Total tax levy for public purposes limited.
Sec. 3 Household goods and furniture of single household exempt from taxation.
Sec. 3[A] Food exempt from taxes on retail sales; exceptions.
Sec. 4 Taxation of estates taxed by United States; limitations.
Sec. 5 Tax on proceeds of minerals; appropriation to counties; apportionment; assessment and taxation of mines.
Sec. 6 Enactment of exemption from ad valorem tax on property or excise tax on retail sales.
s.1 Legislature to encourage education; appointment, term and duties of superintendent of public instruction.
Sec. 2 Uniform system of common schools.
Sec. 3 Pledge of certain property and money, escheated estates and fines collected under penal laws for educational purposes; apportionment and use of interest.
Sec. 4 Establishment of state university; control by board of regents.
Sec. 5 Establishment of normal schools and grades of schools; oath of teachers and professors.
Sec. 6 Support of university and common schools by direct legislative appropriation; priority of appropriations.
Sec. 7 Board of regents: Election and duties.
Sec. 8 Immediate organization and maintenance of state university.
Sec. 9 Sectarian instruction prohibited in common schools and university.
Sec. 10 No public money to be used for sectarian purposes.
s.1 Legislature to provide for Militia.
Sec. 2 Power of governor to call out Militia
s.1 Institutions for insane, blind, deaf and dumb to be fostered and supported by state.
Sec. 2 State prison: Establishment and maintenance; juvenile offenders.
Sec. 3 County public welfare
s.1 Boundary of the State of Nevada
s.1 Carson City seat of government.
Sec. 2 Oath of office.
Sec. 3 Eligibility for public office.
Sec. 4 Perpetuities; eleemosynary purposes.
Sec. 5 Time of general election
Sec. 6 Number of members of legislature limited
Sec. 7 County offices at county seats
Sec. 8 Publication of general statutes and opinions of Supreme Court; effective date of decisions of Supreme Court.
Sec. 9 Increase or decrease of compensation of officers whose compensation fixed by constitution.
Sec. 10 Election or appointment of officers.
Sec. 11 Term of office when not fixed by Constitution; limitation; municipal officers and employees.
Sec. 12 Certain state officers to keep offices at Carson City.
Sec. 13 Census by legislature and Congress: Basis of representation in houses of legislature.
Sec. 14 Election by plurality.
Sec. 15 Merit system governing employment in executive branch of state government.
Sec. 16 Payment of minimum compensation to employees.
s.1 Constitutional amendments: Procedure; concurrent and consecutive amendments.
Sec. 2 Convention for revision of constitution: Procedure.
s.1 Saving existing rights and liabilities.
Sec. 2 Territorial laws to remain in force.
Sec. 3 Fines, penalties, and forfeitures to inure to state.
Sec. 4 Existing obligations and pending suits.
Sec. 5 Salaries of state officers for first term of office.
Sec. 6 Apportionment of Senators and members of Assembly.
Sec. 7 Assumption of territorial debts and liabilities.
Sec. 8 Terms of elected state officers.
Sec. 9 Terms of senators.
Sec. 10 Terms of Senators and members of Assembly after 1866.
Sec. 11 Terms of members of Assembly elected at first general election or in 1865.
Sec. 12 Commencement date of first three legislative sessions; regular sessions of legislature to be held biennially.
Sec. 13 Continuation of territorial county and township officers; probate judges.
Sec. 14 Duties of certain territorial officers continued.
Sec. 15 Terms of supreme court and district courts.
Sec. 16 Salaries of district judges.
Sec. 17 Alteration of salary of district judge authorized.
Sec. 18 Qualification and terms of certain elective state officers.
Sec. 19 When justices of supreme court and district judges enter upon duties.
Sec. 20 State officers and district judges to be commissioned by territorial governor; state controller and treasurer to furnish bonds.
Sec. 21 Support of county and city officers.
Sec. 22 Vacancies in certain state offices: How filled.
Sec. 23 Civil and criminal cases pending in probate courts transferred to district courts.
Sec. 24 Levy of tax limited for 3 years.
Sec. 25 Roop County attached to Washoe County.
Sec. 26 Constitutional debates and proceedings: Publication; payment of reporter.
Rights of suffrage and officeholding
s.1 Referendum for approval or disapproval of statute or resolution enacted by legislature.
Sec. 2 Initiative petition for enactment or amendment of statute or amendment of Constitution; concurrent and consecutive amendments.
Sec. 3 Referendum and initiative petitions: Contents and form; signatures; enacting clause; manner of verification of signatures
Sec. 4 Powers of initiative and referendum of registered voters of counties and municipalities.
Sec. 5 Provisions of article self-executing; legislative procedures
Sec. 6 Limitation on initiative making appropriation or requiring expenditure of money.
Congressional Term Limits Act of 1996
s.A Ballot Title
s.C Voter Instruction on Term Limits for Members of Congress
s.D Voter Instruction on Term Limit Pledge for Non-incumbents
s.E Voter Instruction on Term Limits for State Legislators
s.G Automatic Repeal
s.1 Proclamation by territorial governor; general election.
Sec. 2 Qualified electors may vote for adoption or rejection of constitution.
Sec. 3 Qualified electors for first general election.
Sec. 4 Elections: Places, judges, inspectors and procedures.
Sec. 5 Election returns.
Sec. 6 Canvass of votes; proclamation; issuance of certificates of election.
Sec. 7 List of electors in Army of the United States.
Sec. 8 Transmission of lists of electors in Army of the United States.
Sec. 9 Voting by soldiers: Qualifications.
Sec. 10 Voting by soldiers: Procedure; count of votes.
Sec. 11 Voting by soldiers: Transmission of results.
Sec. 12 Voting by soldiers: Form of return.
Sec. 13 Voting by soldiers: Territorial governor to furnish form of return.
Sec. 14 Applicability to future votes of soldiers.
Table of Cases
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Acknowledgments (Second Edition)
The Nevada State Constitution (2nd Edition)
Michael W. Bowers
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
25 September 2014