The Battle Born Silver State

INTRODUCTION

o The Comstock Lode

 largest deposit of silver reserves in America was discovered in two separate strikes in 1859
 In 2006, Nevada was the nation‘s number two producer of silver (after Alaska)
 Nevada considers itself the silver state because the Comstock Lode was the nation‘s first major
discovery of silver and was the largest discovery of silver deposits at any one location
 Mining of silver and gold is one of Nevada‘s two primary industries (along with gaming, which
contributes to tourism)

o Nevada joined the union of American states on what date?

Oct 31, 1864 – near the end of the Civil War

o The Nevada Constitution was sent via:

Sent via telegraph (attempted to send it via horse carriage but there was a delay)

o NV Constitutional Convention
2nd one was the most successful
o To Join the Union, Nevada had to do 3 things:

 1. Renounce slavery in the state constitution

 2. Constitutionally commit to religious tolerance

 3. Give all unclaimed territory to the federal government

o Purpose of Constitutions
 to allocate powers to the government and to place limits on those powers
 Constitutionalism literally means ―limited government

o Nevada Constitution establishes the basic structure of the state‘s government. Structure, as it is used here,
refers to
 (1) the major offices of state government,
 (2) the ways in which the offices relate to each other,
 (3) the procedures for creating laws,
 (4) the authority to regulate activities that occur within the state,
 (5) the agencies for representing the state to other states, to the nation, and to the world, and
 (6) the departments designed to ensure the welfare of state citizens, mainly by way of providing basic
security against crime tempered by a healthy respect for civil liberties.

o US Con (7,500 words long) is the oldest constitution among those still in effect.

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 o NV Con
 Including the amendments, notes, and histories, the Nevada Constitution is 56,716 words long.

 Why is it easier to amend NV Con than Fed Constitution?

Simple majority
 Why else is NV Con so long?

HISTORICAL BACKGROUND

o Like the Fed Con and most state cons, NV’s Con establishes 3 branches of government
 Legislative/lawmaking function,
 Executive/enforcement function, and
 Judicial/interpretive

THE DECLARATION OF RIGHTS

o Madisonian Dilemma
 nearly impossible to protect the right of the majority to govern while at the same time protect the
minority from the tyranny of the majority
o First Article of NV con – Declaration of Rights
o From Battle Born Text: “For other rights, however, the Nevada Constitution provides either greater or lesser
protection than the federal Constitution, depending on phrasing.”
 NOTE: This is NOT accurate!
 NO other law, federal or state, may be in direct conflict with the Constitution (ERIE doctrine), or
provide LESS rights that the CON; The US Constitution is the MINIMUM
 Supremacy Clause, Art VI, Sec 2
 “This Constitution, and the laws of the United States which shall be made in pursuance thereof;
and all treaties made, or which shall be made, under the authority of the United States, shall be
the supreme law of the land; and the judges in every state shall be bound thereby, anything in
the Constitution or laws of any State to the contrary notwithstanding.”
 Article VI, Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause.  It
establishes that the federal constitution, and federal law generally, take precedence over state
laws, and even state constitutions. 
 https://www.law.cornell.edu/wex/supremacy_clause
o Federal Eminent Domain: Kelo v. City of New London, 545 U.S. 469 (2005)
 Holding: general benefits a community enjoyed from economic growth qualified private redevelopment
plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.
 The Fifth Amendment says, in part, that "private property [shall not] be taken for public use,
without just compensation.” Under the Due Process Clause of the Fourteenth Amendment, this
limitation also applies to the actions of state and local governments.
 State Supreme Court held that use of eminent domain for economic development did
not violate the public use clauses of the state and federal constitutions.
o and if a legislative body has found that an economic project will create new
jobs, increase tax and other city revenues, and revitalize a depressed urban area

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 (even if that area is not blighted), then the project serves a public purpose,
which qualifies as a public use
o Nevada Eminent Domain:
 Nevada Revised Statues: http://www.leg.state.nv.us/nrs/nrs-037.html
 2005 Assembly Bill 143: redevelopment agency must negotiate purchase of land before initiating
condemnation action (which often precedes an eminent domain taking of property by the
government), agency must provide detailed written offer to property owners and allow at least
30 days, from the day the owner receives written offer, for owner to reject or accept written
offer
 2005 Senate Bill 326: if government does not use property for the public purpose for stated
public purpose, then former property owner has right of first refusal to repurchase, and for
equal or less than price the agency paid. If property is used for business, government must also
pay a business owner for the loss of ―goodwill (business losses)
 Nevada Constitution: https://www.leg.state.nv.us/const/nvconst.html#Art1Sec22
 On 25 November 2008, a voter-approved amendment to the Nevada constitution:
 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.
 also modified the definition of “fair market value”—used to determine the monetary
compensation a property owner receives—to represent the highest value the property
would be sold for on the open market, and returns seized property to the original
property owner “if the property is not used within five years for the original purpose
stated by the government.”

DIRECT DEMOCRACY

A. THE INITIATIVE
o The Initiative process:
A policy question is placed directly on the ballet
(simple majority – then it wins)
o Direct Initiative:
Once you get a certain number of signatures obtained, it goes on the ballet

o Indirect Initiative (Nevada):

NV legislatives votes, if yes it becomes law, if no we can still try and get it on the ballet

o Stages of NV Initiative Process

 Gather enough signatures (text gives proposed policy)
 For Statutes, if enough signatures required is obtained, policy goes to NV legislature
 Legislature has 40 days to accept or reject policy
o If legislature approves it, then governor signs, and it becomes law
 If legislature doesn’t act within 40 days, or if they reject policy, then it goes
on next ballot
o Simple majority required
 legislature can only repeal or amend a successful initiative three (3) or more
years after the original enactment.

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 o If statute affirmation (a type of referendum discussed later), only
voters can amend or repeal it
 For NV Con amendments, if enough signatures obtained, then goes directly to
ballot (must be approved by voters within next 2 election cycles)
B. THE REFERENDUM
o What is it? It is a process that allows citizens to repeal an existing law
o Stages of NV Referendum Process
 By Citizens
 Obtain required number of signatures
 Simple majority, then law it targeted becomes void
 By Legislature
 Binding
 Place on ballot, if majority, then becomes law
 Advisory

C. THE RECALL
o Process of removing an official before term expires
o Process
 petition must be signed by 25 percent of the number of voters who voted in that jurisdiction'
during last general election
 a special recall election is held within 30 days
 voters can decide to retain the official or replace official with another candidate on
ballot
 candidate with most votes serves remainder of term
 Official must have held office for at least 6 months before recall process
 After failed petition and recall process, cannot initiate again against same person

D. STATUTE AFFIRMATION – extra credit

o Voters collect signatures to place on ballot a proposition asking the citizens to affirm an already existing
state law.

o What kind of vote is required?

o What other states have statute affirmation?

THE STRUCTURE OF NEVADA STATE GOVERNMENT

A. NEVADA’S LEGISLATIVE BRANCH

 How many chambers does NV legislature have?
2 – assembly and senate
 Member Requirements
At least 21 years old, and a member of the district for at least 2 years

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  Representation
o Legislature apportioned by population

 Legislative Sessions
o Meets how often?
Every other year/every 2 years – 120 days
o Governor can call for special sessions
o Pay is also very limited and structured
 Vacancies in the Legislature
o If someone dies or resigns, then senator or assemblyman from same county chooses
someone from same parry, so long as not election time
 The Lieutenant Governor
o elected at the same time as the governor and must meet all the qualifications of being
governor
 because will fill in and act as Governor in event of Governor’s death, resignation, etc
o serves as the President of the state Senate (i.e., its presiding officer), but may vote only in
cases of a tie.
 President Pro Tempore
o elected by the majority party and presides over the chamber in the absence of the
lieutenant governor
 The Assembly Speaker
o presiding officer of the Assembly
o chosen by members of that body‘s majority party
 Special Services
o Legislative Counsel Bureau
 four divisions; legal, audit, research, and fiscal analysis
 The director of the bureau and the heads of the four divisions are appointed by a
Legislative Commission (comprised of six senators and six assemblymen)
 supervised by the Legislative Commission
 meets every few months
o Interim Finance Committee
 Primarily does its work between legislative sessions

B. NEVADA’S EXECUTIVE BRANCH

THE GOVERNOR

o Governor Qualifications

o Governor’s Duties & Responsibilities

 Chief Executive and Chief of State
 Chief Legislator

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  Protector of the State's Interests
 Commander-in-Chief
 Call Special Sessions

o Other Elected Executive Officials

 Secretary of State
 validates the signatures on all petition matters,
 keeps all non-money records, and
 issues licenses allowing corporations to do business within the state
 Treasurer
 state‘s top financial officer
 responsible for receiving and depositing the state‘s money
 Controller
 charged with making sure the state‘s bills get paid and
 acts as the chief auditor over spending
 Attorney General
 This is the state‘s chief legal officer
 defends the state and prosecutes cases before the Nevada Supreme Court

C. NEVADA’S JUDICIAL BRANCH

o Introduction

o The Nevada Supreme Court

o Appellate Court

o District Courts

o Justice Courts/Justice of the Peace (JP) Courts

o Nevada Municipal Courts

o
Vacancies on the Courts

TERM LIMITS IN NEVADA

o Introduction
o Local Government Officials
o Members of the Nevada State Legislature

NEVADA CHECKS AND BALANCES

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 o Introduction
o Procedures for Creating Laws
o Other Examples of Checks and Balances

AMENDING THE NEVADA CONSTITUTION

o Introduction
o Still functions under original Con
o Has been amended 130 times, though
o Amending NV Con: https://www.leg.state.nv.us/Const/NvConst.html#Art16
A. Legislature Procedure
o Proposal must be approved by two consecutive legislatures (simple majority vote in both Assembly
and Senate both times)
 If approved, then goes to voters
 Ratified by majority vote, becomes part of NV Con
 If 2 or more amendments affect same part of NV Con,
 If they do not contradict one another, all become part of NV Con
 IF they contradict one another, the one that received most votes becomes part of
NV Con
B. Convention Procedure
o If 2/3 of Legislature (Assembly and Senate) vote to revise whole NV Con, then voters decide for or
against convention to revise NV Con
o If majority votes yes, then at next session, Legislature shall provide that they hold a convention
within six (6) months
o constitutional convention shall consist of a number of members not less than that of both branches
of the Legislature

CONCLUSION

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