Constitution of the State of Nevada [As amended up to and including November 3, 1914] PRELIMINARY ACTION 1. WHEREAS, The act of Congress approved March twenty- Preamble first, A. D. eighteen hundred and sixty-four, "To enable the people of the Territory of Nevada to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, requires that the members of the convention for framing said constitution shall, after organization, on behalf of the people of said territory, adopt the constitution of the United States; therefore be it States 2. Resolved, That the members of this convention, elected United by the authority of the aforesaid enabling act of Congress, as constitution assembled in Carson City, the capital of said Territory of adopted Nevada, and immediately subsequent to its organization, do adopt, on behalf of the people of said territory, the constitution of the United States. ORDINANCE made 3. In obedience to the requirements of an act of the Con- Ordinance gress of the United States, approved March twenty-first, irrevocable A. D. eighteen hundred and sixty-four, to enable the people of Nevada to form a constitution and state government, this convention, elected and convened in obedience to said enabling act, do ordain as follows, and this ordinance shall be irrevocable, without the consent of the United States and the people of the State of Nevada: First-That there shall be in this state neither slavery nor Slavery involuntary servitude, otherwise than in the punishment for inhibited crimes, whereof the party shall have been duly convicted. worship Second-That perfect toleration of religious sentiment shall Freedom of be secured, and no inhabitant of said state shall ever be secured molested, in person or property, on account of his or her mode of religious worship. Third-That the people inhabiting said territory do agree, and declare, that they forever disclaim all right and title to Right to public land disclaimed Constitution proclaimed of rights the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States. PREAMBLE 4. 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 ARTICLE I DECLARATION OF RIGHTS SECTION 1. All men are, by nature, free and equal, and Declaration have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. Paramount allegiance SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. But the paramount allegiance of every citizen is due to the federal government, in the exercise of all its constitutional powers, as the same have been, or may be, defined by the supreme court of the United States, and no power exists in the people of this or any other state of the federal union to dissolve their connection therewith, or perform any act tending to impair, subvert, or resist the supreme authority of the government of the United States. The constitution of the United States confers full power on the federal government to maintain and perpetuate its existence, and whensoever any portion of the states, or people thereof, attempt to secede from the federal union, or forcibly resist the execution of its laws, the federal government may, by warrant of the constitution, employ armed force in compelling obedience to its authority. SEC. 3. The right of trial by jury shall be secured to all, Trial by jury and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree upon a verdict, it shall stand and have the same force and effect as a verdict by the whole jury; provided, the Right of secession denied secured legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdict, notwithstanding this provision. worship SEC. 4. The free exercise and enjoyment of religious pro- Freedom of fession and worship, without discrimination or preference, secured shall forever be allowed in this state; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. SEC. 5. The privilege of the writ of habeas corpus shall not Habeas be suspended, unless when, in case of rebellion or invasion, the suspended, public safety may require its suspension. corpus when SEC. 6. Excessive bail shall not be required, nor excessive Bail, fines fines imposed; nor shall cruel or unusual punishments be and punishinflicted; nor shall witnesses be unreasonably detained. SEC. 7. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. ments limited general or may cause information SEC. 8. No person shall be tried for a capital or other Attorneyinfamous crime (except in cases of impeachment, and in cases district of the militia when in actual service, and the land and naval attorney forces in time of war, or which this state may keep, with the arrest on consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or attorney-general of the state, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall Not to be be subject to be twice put in jeopardy for the same offense; jeopardy nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property Private be taken for public use without just compensation having public use been first made, or secured, except in cases of war, riot, fire or great public peril, in which case compensation shall be afterward made. [As amended. Proposed and passed at the twenty-fourth session of the legislature, March 22, 1909, Statutes of 1909, page 346; agreed to and passed at the twenty-fifth session, February 20, 1911, Statutes of 1911, page 454; approved and ratified by the people at the general election of 1912.] twice put in property for speech and press SEC. 9. Every citizen may freely speak, write and publish Freedom of his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libels the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was Right of assembly published with good motives, and for justifiable ends, the party shall be acquitted or exonerated. SEC. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their and petition representatives, and to petition the legislature for redress of grievances. Military establish SEC. 11. The military shall be subordinate to the civil power. No standing army shall be maintained by this state ment limited in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years. Soldier quartered, how Rep resentation Debtor's property execution SEC. 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law. SEC. 13. Representation shall be apportioned according to population. SEC. 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exemptexempt from ing a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; and there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisoned for a militia fine in time of peace. Certain inhibitions Rights of foreigners Slavery prohibited Search and seizure regulated Treason defined SEC. 15. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. SEC. 16. Foreigners who are, or may hereafter become, bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property as native-born citizens. SEC. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this state. SEC. 18. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized. SEC. 19. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid or comfort. And no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people. ARTICLE II RIGHT OF SUFFRAGE SECTION 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of twenty-one years and upwards, who shall have actually, and |