18 Oct 2022

405

The Differences Between the Nevada Constitution and the US Constitution

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Academic level: College

Paper type: Essay (Any Type)

Words: 810

Pages: 3

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Introduction 

The US constitution and that of the state of Nevada resemble each other in many ways. This paper seeks to provide similarities and differences between the two constitutions. Thus, the discussion will focus on areas such as the amendment procedure, the various government branches, and the connection between the public and the government influence in both documents. 

Similarities between Nevada and US Constitution 

In many ways, the US constitution and that of the state of Nevada are considered to be similar documents with slight differences. Both documents contain the three branches of government (Judiciary, executive, and legislature). Secondly, they have a bill of rights that protect the citizens from government infringement. Despite these similarities, both constitutions have notable differences which will be discussed below. 

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Differences between Nevada and US Constitution 

Amendment Process 

State of Nevada’s constitutional amendment is completely different with that of the United States. Nevada’s constitutional amendments take this procedure. First, the suggested motions are put through a simultaneous revision before they are voted by assembly members or the senate and are then entered into the corresponding journals. After that, the legislature then evaluates them, and it later publishes them for a period of three months (Reid, & James, 2004). It is the role of the house to put the majority votes before the Legislature, and then the proposed amendments are submitted to the people. When the individuals approve the changes made through a vote, the suggested amendment shifts to the subsequent stage (the consecutive stage). In the consecutive phase, the proposed change goes directly to the constitution if only it does not controvert with any other amendment in an equivalent vote and is perceived to have an effect on a similar clause. According to Reid and James (2004), in cases where there is an inconsistency in the two, the amendment with the majority of the votes becomes the constitution (Reid, & James, 2004). Nevertheless, when another proposal that is affecting similar clause is proposed controverting the preceding proposal, the senate is not supposed to submit the proposal to the individuals (Reid, & James, 2004). Furthermore, if the house considers it vital to review the whole constitution or some part of it, they are supposed to demand for a vote of the convention. When it gets many votes, the senate is expected to ask for convection. 

When this is compared to the US constitution, a slight difference can be realized in the amendment process. For the US Constitution, two-thirds of the two houses are supposed to recommend the amendments. Otherwise, two-thirds of the senates from different sates can also make a legal proposal. 75% of the entire convections or legislatures are supposed to approve the amendments because the two constitute the Congress (Thomas, 2008). Nevertheless, the amendments provided are not supposed to affect the first clause and the fourth clause in the ninth section of the initial article. 

Branches of Government 

The state of Nevada has three branches of government. That is the judiciary, executive, and the legislature department (Reid, & James, 2004). Comparing this to the US government, the three branches are also found. However, the powers of each government branch are consigned in a varied office of the government as opposed to the state of Nevada. In the state of Nevada, the authority and power of the legislature department are vested in the Senate and Assembly that consists of the senate and the assembly members. In the United States, the legislative powers are usually vested in the Congress that consists of the house of the representatives and the senate. 

In the state of Nevada, executive branch’s power is often conferred to the chief magistrate or state’s governor (Reid, & James, 2004). In the United States, the executive power is held by the president (Thomas, 2008). For the judiciary branch, the United States federal courts make the judiciary as the US Constitution states it. On the contrary, the state of Nevada confers the judicial powers to the judicial system that is composed of the lower court and the Supreme Court. 

Connection Established Between the Public and the Government Power 

There exists a slight variance between the rights that are often established by the bill of rights in the state of Nevada and the US Constitution. Remarkable changes can be realized where the right to petition, freedom of assembly, speech, press, and religion are conveyed in the first amendment of the United States constitution (Thomas, 2008). In the state of Nevada, the first amendment contains rights such as jury trials, inalienable rights, right to bear and keep arms, and those of quartering soldiers. The freedom of press and speech are usually expressed in section 9 of Nevada’s Constitution (Reid, & James, 2004). The right to assembly and petition are expressed in section 10 of the constitution of Nevada. The right to bear and keep arms and quartering soldiers are instituted in the second and third amendment of Nevada’s constitution in section 11 and 12 respectively. 

Conclusion 

In summary, from the above essay, it is clear that the U.S. Constitution and that of the state of Nevada is the same since they all have the three branches of government and the bill of rights. Nevertheless, they also have differences in the amendment process, the power vested to the various branches of government, and the relationship between the state power and the people in both constitutions. 

References 

Reid, J., & James, R. (2004). Uncovering Nevada's Past: A Primary Source History of the Silver State (Wilbur S. Shepperson Series in Nevada History) (1st Ed.). University of Nevada. 

Thomas J. (2008). Second Continental Congress, Constitutional Convention. The Constitution of the United States of America, with the Bill of Rights and All of the Amendments; the Declaration of Independence; and the Articles. New York: Wilder Publications. 

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StudyBounty. (2023, September 15). The Differences Between the Nevada Constitution and the US Constitution .
https://studybounty.com/the-differences-between-the-nevada-constitution-and-the-us-constitution-essay

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