Introduction
The united states constitution is the supreme law of the land, and it defines the structure and functions of the national government. Besides, most other laws measure against and compare with it, and it dictates the scope of many state laws. The state laws, on the other hand, differ, depending on the state. Each state has its constitution and subsequently a unique body of constitutional law as well ("State Constitutions Vs. The United States Constitution). State laws differ from federal laws in many aspects and from many angles. However, the two different laws also share some striking similarities worth discussing. The focus of this study is the comparison and contrast between the U.S. constitution and the constitution of the state of Nevada. The relationship between the U.S. constitution and the constitution of the state of Nevada date back to the civil wars and the subsequent formation of the Union.
The United States constitution is old and dates back to 1787, after the American civil war. Thirteen states gathered in the state of Philadelphia to ratify a new constitution and thereby forming the Union states. Nevada also joined in the endeavor to be a part of the Union and therefore had to make amendments in their constitution to fit the requirements of the union constitution. The state of Nevada had to make three main amendments in order to form a state government that would get admission into the Union with equal footing as the other states. This paper seeks to delineate the similarities and differences between the two constitutions. The main similarities that will be discussed will be in the structuring that identifies the executive, Judiciary, and the legislative arms of the government. Moreover, the other similarity is in the provisions of the bill of rights. However, the differences to be mentioned include the relationship between people and government power, the branches of government, and the amendment process.
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Similarities
The significant similarity between the U.S. constitution and the Nevada constitution is the structure of the government and the description of the separation of powers. The two constitutions recognize three arms of governance, the executive, the Judiciary, and the legislature. The structuring at both levels features similar characteristics for the executive, the legislative, and the judicial arms of governance (Morin 2). The legislative branch identifies a bicameral system that aligns with the federal system, which is bicameral too. The state of Nevada has an executive figure in the form of a governor while the U.S. constitution also identifies an executive figure in the form of a president. Meanwhile, both laws feature a judicial arm. The Nevada judicial arm of the government is responsible for handling all legal concerns within the Nevada jurisdiction. Moreover, the judicial system is uniquely constituted such that the state's supreme court handles all cases of appeal since the state has no intermediate appellate courts.
Furthermore, both constitutions share a similarity in the emphasis of civil rights. The U.S. and the Nevada constitutions recognize the importance of individual rights and the need to protect individuals from the power of the state and the federation (The Constitution of the State of Nevada) (The Constitution of the United States). Therefore, the laws protecting human rights and prohibiting the infringement of those rights are solemnly written in both constitutions. It is worth noting that despite the similarities of the federal and Nevada state laws, the Federal laws do not permit the Nevada laws to breach any aspect of the federal laws or the entire U.S. Constitution.
Differences
There are lots of differences between the U.S. constitution and the State of Nevada constitution. First, despite the similarities in the separation of power, the U.S. constitution offers a more general description of the separation. However, the Nevada constitution offers a more specific description, as outlined in article three (The Constitution of the State of Nevada). The article identifies that one arm cannot execute the powers of another branch, and an individual civil servant cannot simultaneously work in more than one branch at any given time. Besides, the procedures for passing laws as prescribed in the U.S. constitution differs with those outlined in the Nevada constitution. The constitution for Nevada decrees more specific procedures for passing bills whereas the U.S. constitution features procedures which are not very stringent. Furthermore, the committees for the federal government have little significance since members of such committees are full-time congressmen and women. On the other hand, the Nevada state identifies that the state legislators serve part-time. The little time allocated for the lawmakers’ points to the fact that they are more experienced and therefore serve essential positions.
Irrespective of the fact that both constitutions recognize the Judiciary, there are notable differences in the manner of selection of judges. The U.S. constitution bestows power upon the president to appoint a supreme court judge (The Constitution of the United States). The position of a supreme court judge in the U.S. constitution is a prime position since supreme court judges serve for long durations and have the capacity to influence the functionality of the court. The job is a lifelong process that ends only at the time of death or when one retires. By contrast, however, the Nevada constitution provides that the supreme court judges hold their positions for a limited duration after which they are automatically replaced. Besides, the constitution provides for a staggered system for electing supreme court judges. The constitution demands that the election of supreme court judges to an office is a process left for qualified electors who vote during a general election. Also, the U.S. Constitution permits the president to make appointments of individuals to head different political positions and divisions. The Nevada constitution, on the other hand, uses mainly the ballot to elect individuals into positions. The governor has no mandate to appoint an individual to a political or higher position within the state. However, he can appoint interim officers to hold such positions temporarily until an election is held or a team is commissioned to interview a potential candidate.
Another contrasting feature between the two constitutions is the process of amendment. The process of amending the constitution in the state of Nevada takes the following procedure: Proposed motions for amendments are filed under concurrent amendments and presented to the Senate or the assembly for voting while being recorded in the respective journals. The legislature reviews the proposed motions and passes them to the responsible committee of the house for publishing. After three months, the committee publishes the proposals and then presents them back to the legislature for voting. The house then presents the proposed amendments with the majority votes to the public for their opinions. The public thumps their opinion by voting. Once the public agrees with the proposed amendments, the process moves to the next stage of implementation. Once the house determines that none of the proposed amendments contradict each other or any part of the constitution, they are incorporated into law. Furthermore, the constitution stipulates that if the house deems if fit to amend part of or whole of the constitution, they can do so through laying down a request for a vote of the convention at the next member of legislature elections.
A comparison of the above procedure and the procedure laid out in the U.S. constitution shows significant differences. The U.S. Constitution requires that a valid proposal for amendment requires two-thirds of both houses or, two-thirds of the various legislatures in the various states. The two-thirds majority is a requirement that must be achieved by either of the two groups of persons because the two groups constitute the congress (Jackson 577). Still, within the clause of amendments, the constitution provides that no state will be denied the equal right to suffrage in the Senate without its consent and also that any revisions made will not affect article one section nine in clauses one and four. Moreover, the authority and power of the legislature are vested in the assembly and Senate. The assembly has no more than twice the number of legislators as the Senate and not less than two thirds.
The other difference evident from the two constitutions is in the relationship established between the people and the government. As agreed earlier, the two constitutions share striking similarity in the provisions of the bill of rights. The two constitutions have structured the bill of rights to protect and defend the ordinary citizen from exploitation and abuse. However, there are significant differences in the organizing of the bill of rights from both constitutions. The contents of the first amendment and other sections from both the constitutions differ. The constitution of the United States spells out in the first amendment the fundamental freedom and also includes freedom of speech, religion, press, assembly and, the right to petition. However, the constitution of the state of Nevada discusses the freedoms of speech and press in section nine and the rights to petition and assembly are articulated in section 10. The first amendment of the constitution of the state of Nevada contains the right to bear arms, quartering soldiers as well as inalienable rights and much more. Section 11 and 12 discuss the bill of rights while the second and the third amendments additionally mention quartering soldiers and the rights to bear arms.
Conclusion
There are striking similarities and significant differences between the U.S. constitution and the constitution of the state of Nevada. The similarities are in the structure of governance of both levels of government. They both feature the executive, the legislative, and the Judicial arms of the government. Both constitutions identify the separation of powers so that the executive has its functions explicit from the Judiciary and the legislature. Moreover, both constitutions share visions on human right protection, and as such, they both advocate for the upholding of human rights. The law issues severe penalties for the infringement of such rights. The similarities in both the constitutions can be presumed to date back to the civil war times when the Union required more free states. The territory of Nevada had to amend the proposed constitution to fit the union requirements. Consequently, the proposed constitution of Nevada was voted into law and thus causing the creation of the state of Nevada under the union Banner. Meanwhile, the differences between the two constitutions are vast. Nevada constitution is more detailed and gives a more specific description of clauses, whereas the U.S. constitution is more obsolete and does not involve fine details. The functionality of the different arms of the government also differ. Moreover, the other striking difference between the two constitutions is in the amendment process. The federal laws differ from the state laws in the manner of application of the laws and the process of enforcement. Therefore, the U.S. constitution has striking similarities with the Nevada constitution but also has significant variations worth note.
References
Jackson, V. C. "The (Myth Of Un) Amendability Of The U.S. Constitution And The Democratic Component Of Constitutionalism." International Journal Of Constitutional Law , vol 13, no. 3, 2015, pp. 575-605. Oxford University Press (OUP) , doi:10.1093/icon/mov050. Accessed 26 July 2019.
Morin, Robert. "Nevada: Change And The Political Tipping Point." California Journal Of Politics And Policy , vol 7, no. 3, 2015. California Digital Library (CDL) , doi:10.5070/p2cjpp7328068. Accessed 26 July 2019.
"State Constitutions Vs. The United States Constitution | What Is A Paralegal? | What Does A Paralegal Do?". Paralegaledu.Org , 2013, https://www.paralegaledu.org/2013/01/state-constitutions-vs-the-united-states-constitution/ .
The State of Nevada. THE CONSTITUTION OF THE STATE OF NEVADA . Delegates Of The State Of Nevada, Carson City, 1864.
Virginia Commission on Constitutional Government. The Constitution Of The United States . Virginia Commission On Constitutional Government, Richmond, 1961.
