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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

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 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.

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

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 Constitution Almighty God for our freedom, in order to secure its bless

ings, 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 of rights

enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

SEC. 2. All political power is inherent in the people. Paramount Government is instituted for the protection, security and allegiance

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 Right of 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; prorided, the

secession denied

secured

corpus

when

and punishments

information

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.

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.

Sec. 6. Excessive bail shall not be required, nor excessive Bail, fines fines imposed; nor shall cruel or unusual punishments be inflicted; nor shall witnesses be unreasonably detained. limited

Sec. 7. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great.

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

twice put in 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.]

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

property for

speech and press

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 Right of together to consult for the common good, to instruct their assembly and petition representatives, and to petition the legislature for redress of

grievances.

Sec. 11. The military shall be subordinate to the civil Military power. No standing army shall be maintained by this state establishment 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.

Sec. 12. No soldier shall, in time of peace, be quartered in Soldier any house without the consent of the owner, nor in time of quartered, how war, except in the manner to be prescribed by law.

Sec. 13. Representation shall be apportioned according to Rep- population. resentation

Sec. 14. The privilege of the debtor to enjoy the necessary Debtor's comforts of life shall be recognized by wholesome laws, exemptexempt from ing a reasonable amount of property from seizure or sale for execution 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.

SEC. 15. No bill of attainder, ex post facto law, or law Certain inhibitions

impairing the obligation of contracts, shall ever be passed.

Sec. 16. Foreigners who are, or may hereafter become, bona Rights of fide residents of this state, shall enjoy the same rights in respect foreigners

to the possession, enjoyment and inheritance of property as native-born citizens.

Sec. 17. Neither slavery nor involuntary servitude, unless Slavery

for the punishment of crimes, shall ever be tolerated in this prohibited

state.

Sec. 18. The right of the people to be secure in their perSearch and sons, houses, papers, and effects against unreasonable seizures regulated 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 Treason defined

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.

seizure

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

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