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905.NEVADA.TXT
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1994-02-11
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CONSTITUTION of the STATE OF NEVADA
(as amended to 1974)
PREAMBLE
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. 1.
Sec: 1. All men are by Nature free and equal and have certain ina-
lienable rights among which are those of enjoying and de-
fending life and liberty; Acquiring, Possessing and Pro-
tecting property and pursuing and obtaining safety and
happiness.
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 Para-
mount Allegiance of every citizen is due to the Federal Gov-
ernment 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 existance [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 and re-
main inviolate forever; but a Jury trial may be waived by
the parties in all civil cases in the manner to be prescri-
bed 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 Legislature by a law passed by a two thirds vote of all
the members elected to each branch thereof may require a un-
animous verdict notwithstanding this Provision.
Sec: 4. The free exercise and enjoyment of religious profession and
worship without discrimination or preference 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 con-
sciene [conscience] hereby secured, shall not be so con-
strued, 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 be
suspended unless when in cases of rebellion or invasion the
public safety may require its suspension.
Sec. 6: Excessive bail shall not be required, nor excessive fines
imposed, nor shall cruel or unusual punishments be inflict-
ed, 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 pre-
sumption great.
Sec: 8. No person shall be tried for a capital or other infamous
crime (except in cases of impeachment, and in cases of the
militia when in actual service and the land and naval forces
in time of war, or which this state may keep, with the con-
sent of congress, in time of peace, and in cases of petit
larceny, under the regulation of the legislature) except on
presentment 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 be sub-
ject to be twice put in jeopardy for the same offense; nor
shall he be compelled, in any criminal case, to be a witness
against himself, nor be deprived of life, liberty, or prop-
erty, without due process of law; nor shall private property
be take for public use without just compensation having been
first made, or secured, except in cases of war, riot, fire,
or great public peril, in which case compensation shall be
afterward made.
Sec: 9. Every citizen may freely speak, write and publish his sen-
timents 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 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 represent-
atives and to petition the Legislature for redress of Griev-
ances.
Sec: 11. The military shall be subordinate to the civil power; No
standing army shall be maintained by this State 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 any house
without the consent of the owner, nor in time of War, except
in the manner 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, exempting a
reasonable amount of property from seizure or sale for pay-
ment 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 imprisioned
[imprisoned] for a militia fine in time of Peace.
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 who 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. ( NOTE - Repealed in
1924)
Sec: 17. Neither Slavery nor involuntary servitude unless for pun-
ishment 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 upon probable cause, supported by Oath or Affirmation,
particularly describing the place or places to be searched,
and the person or persons, and the 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 and
Comfort . And no person shall be convicted of treason unless
on the testimony of two witnesses to the same overt act, or
on open confession in open court.
Sec: 20. This enumeration of rights shall not be construed to impair
or deny others retained by the people.