Nevada Constitution

Nevada Constitution

The Nevada Constitution is the foundational legal document of the State of Nevada. It establishes the framework for the state’s government, defines the rights of its citizens, and outlines the powers of the legislative, executive, and judicial branches.

Adopted in 1864—just days before Nevada became a state during the Civil War—the Constitution continues to guide the structure and operation of Nevada’s government and legal system.

History

• Nevada’s original constitution was drafted in **1864**, in anticipation of statehood.
• It was modeled in part on the **Constitution of California**, with key provisions adapted to reflect Nevada’s mining economy and federal alignment during the Civil War.
• The entire document was famously **telegraphed to Washington, D.C.** in October 1864 to meet the statehood deadline, making it the longest and most expensive telegram at the time.
• Nevada was admitted to the Union on **October 31, 1864**.

Structure of the Constitution

The Nevada Constitution includes:

• **Preamble**
• **19 Articles**, covering:

 * **Legislative Department** – Structure and powers of the Senate and Assembly
 * **Executive Department** – Offices of Governor, Lieutenant Governor, and other statewide officials
 * **Judicial Department** – Supreme Court, Courts of Appeal, and lower courts
 * **Bill of Rights** – Similar to the U.S. Bill of Rights, it guarantees freedoms such as speech, religion, and due process
 * **Education**, **taxation**, **public lands**, and **state militia**

It also includes provisions for local government powers, debt limits, and natural resource protections.

Key Features

• **No state income tax** – A result of both constitutional and statutory limitations on taxation
• **Broad rights protections** – Nevada’s Bill of Rights includes provisions not found in the federal Constitution, such as more detailed privacy and education guarantees
• **Water rights and mining protections** – Reflecting the state’s environmental and economic realities

Amendment Process

There are two primary ways to amend the Nevada Constitution:

1. **Legislative Proposal**:

  * An amendment must be approved by a majority in both houses of the Legislature **in two consecutive sessions**
  * Then submitted to the people for a vote in a general election

2. **Ballot Initiative**:

  * Citizens may propose amendments by collecting valid signatures (equal to 10% of the previous statewide general election turnout across four congressional districts)
  * Must be approved by voters **in two consecutive general elections** to take effect

Notable Amendments

• **1970s–1980s**: Reforms to legislative apportionment and judicial elections
• **2002**: Definition of marriage (later overturned)
• **2016 & 2020**: Renewable energy mandate (Question 6) passed in two cycles to amend the Constitution
• **Ongoing**: Debates around ranked-choice voting, criminal justice reform, and digital privacy continue to drive new proposals

Legal Significance

• The Nevada Constitution is the **supreme law of the state**, subordinate only to the U.S. Constitution.
• All laws, regulations, and executive actions must comply with its provisions.
• It is frequently cited in state court decisions, particularly in cases involving taxation, ballot initiatives, education, and civil rights.

Access and Interpretation

• The full text of the Constitution is published by the **Nevada Legislature** and available online.
• The **Nevada Supreme Court** is the final interpreter of constitutional questions at the state level.
• Lawmakers and citizens often consult the **Legislative Counsel Bureau** for legal analysis and bill drafting related to constitutional matters.