Chapter 4: Nevada Constitution Flashcards
- What were the “internal” and “external” factors that motivated the creation of the Nevada Constitution?
Some internal factors was the gold boom of the west. With gold being discovered hundreds of thousands of people moved west hoping to find gold, many settling in Nevada. Many Mormons had also settled in Nevada during this time leading to rising tensions between them and the non-Mormons do to Mormons wanting a theological state, and non-Mormons wanting to be secular.
External Factor was mostly Abraham Lincoln reelection bid going on in at the time. He hope that supporting the creation of the Nevadan state would lead to its residents supporting him in return. Lincoln was correct as Nevada helped him win the election and past the 13th amendment.
- Why are state constitutions necessary when citizens already have the US Constitution? Identify and describe
the two key reasons.
The first is structure and limit the state government, ergo distribute the power. The latter is to protect citizens from the state government. Protections under the US constitution do not extend to the states, so to have a right protected it must be written under the state constitution. This must be done because the state government could harm you, but not be responsible for the damages it may have brought upon you.
- How does the structure and purpose of the Nevada Constitution differ from the structure and purpose of
the US Constitution? How does the amendment process differ in Nevada (versus the procedure used at the
federal level)?
The Nevada constitutions is a lot easier to change, since it’s meant to be responsive to the needs of the citizens. Thus making it a lot easier to make amendments. Like I said the process is a lot easier, In Nevada the state chamber meet and if the issues is passed by a majority, it is discussed at a later date where if approved by again… Is put on a general ballot for the state citizens to vote on. 2 step process, like the federal government. But there it must past 2/3 through congress, and then ratified by 3/4 states.
- How many executive branch positions exist in Nevada, and what are their general duties and responsibilities?
How long are the terms of office? When are these positions elected? Why did Nevada adopt the “plural”
executive system?
Six positions exist in the executive branch, all have 4 year long terms, with a limit of 2 terms. They are up for elections in midterms.
The Governor is head of legislations, meaning he can guide what he would like to see touched on. Creates a budget, is head of NV national guard, and appoints the heads of commissions.
Lt Governor is there to replace the Governor if they are hurt or unable to perform their job, break ties in NV senate, can be of different political party.
Attorney General is chief law enforcer, and head of consumer protection.
Secretary of State manages elections, in charge of business licensing, and record keeping.
Controller is chief fiscal officer, state accountant, and collects debt.
Treasurer is in charge of state scholarship programs, prepaid tuitions, kick starter programs, and state investments.
I guess we adopted this system to ensure the person in each job is able to be voted out if they don’t perform their job well.
- What are the characteristics of the “citizen” legislature as used in Nevada? Define three ways in which the
The “citizen” legislature of Nevada differs from the “professional” legislature of the US Congress.
In the “citizen” legislature sessions are infrequent and short, only meeting for 120 days every OTHER year. The pay is rather low, only about 150 per day, for 60 of the 120 days, and all expenses must be covered by YOU, i.e housing, food, travel. You also don’t have access to that big of a staff or resources, you can have 2 to 3 staff members. And you get 12 year term limits for each branch. Three way we differ in three key areas is: Term Limit, Session length, and Salary. In a professional legislature such the US Congress, there is no term limit, you can re -run as much as your heart wants. Salary and benefits is rather good, in Congress average pay is around 120,000 a year. And sessions are frequent and lengthy, meeting year round.
- What are the perceived benefits and drawbacks to the “citizen legislature” in Nevada? Provide details for two
of each.
First pro is familiarity with people, most average citizens really do have the opportunity to join and bring the concerns of their people to the legislature. Creating great representation of the average person in Nevada. The cost is also a pro, since meetings are infrequent and speedy, not too much money is spent on holding these meetings.
One con I believe exists is the influence outside groups have on the legislature. Its small, and infrequent so interest groups have a lot of opportunities to get in have considerable power to get what they want done.
Another is the short and infrequent meetings. With the legislature only meeting every other year it becomes possible that a huge cultural issue sparks when the legislature isn’t in session and so legislation can’t be passed at the height of its controversy. But this could be a pro since legislatures won’t feel pressured by outside groups if session was held at the height of its controversy.
- How is the Nevada Court system structured? Identify the four levels of courts in Nevada and their general
purpose. What is the key difference between courts in Nevada and federal courts?
Four courts exist ranging starting from lesser courts all the way up to the NV supreme court. The first tier is justice and municipal, 59 total courts with around 97 elected judges. These courts handle traffic violations, small claims, and small misdemeanors. Above that is district courts with 11 in existence, with 82 elected judges. District courts handle criminal, civil, and juvenile cases, including cases from lesser courts. Next is the Appellate court which 1 exists containing 3 elected judges. This court is rather interesting since its main purpose is to help lessen the work load of the NV supreme court, by reviewing cases from the lower courts. And finally above them is the court of last resorts, the Nevada state supreme court that has 7 elected judges. They tackle huge cases that probably made their way up from the lesser courts but due handle primary cases such as death penalties. And the key difference between Nevadan and Federal courts is that we ELECT our judges, they are NOT appointed.
- What are the key differences in budgeting in Nevada versus budgeting at the federal level? What are the
primary concerns related to budgeting in Nevada?
The biggest difference is that Nevada has a balanced budget that it does stick with. the federal government often spend more than it budgets. Budget is made for the next 2 years, and new problems my appear during that time period that will require a new budget plan to appear. And the way we acquire money is a concern since most of that comes from tourism and gaming, a industry that is very unstable as seen with the covid-19 pandemic.
- What is the initiative in Nevada? What is the referendum? Why were these processes originally introduced,
and how do the actual outcomes differ from the original purposes?
The initiative is a process in which citizens can create or alter a piece of legislature, including the constitution. They must propose a petition that gets at least 10 percent of citizens to sign in each of the 4 districts. If this passes its place on the state-wide ballot and voters vote for it, it must pass the ballot twice. The referendum is when legislatures refer proposed legislation or amendments to the statewide ballot. Where it must pass twice. Introduces to allow citizens more control of their legislatures and to perhaps let the individual sub culture thrive. The referendum can actually put out pieces of legislature if they believe it to be controversial.
- What are the main responsibilities of the county commissions and city councils?
City council takes care of planning, licensing, and zoning. County commission tends to handle a little bit more, taking care of city issues (such as zoning, planning, licensing), water, UMC, law enforcement, parks and recreation, liquor board and gaming board. Despite not many people being invested in their local government these forces and people do tend to have a higher impact on our day to day life than the federal government.
