Nevada Constitution - POL 1110 Assessment 1 Purpose of Nevada Constitution

 Nevada Constitution - POL 1110 Assessment 1 Purpose of Nevada Constitution

The supreme executive power of this State shall be vested in a Governor. The legislative authority of this State is vested in a Senate and Assembly. The sessions of the Legislature shall be biennial. No person holding any lucrative office under the Government of the United States, or any other power, shall be eligible to any civil office of profit in this State.

Right to Vote

The right of voting shall not be denied or impaired on account of sex. No person shall be deemed to gain or lose the vote by reason of his or her being absent while employed in the service of the United States, while engaged in the navigation of the waters of the state or the country, or while a student at any educational institution or in a charitable or medical establishment at public expense or confined PCN 373 Week 3 Grief And Loss Process in any prison. All elections by the people and all elections by the Legislature shall be held by ballot. All property taken in eminent domain will revert to the original owner within five years of the purchase date, and the original purchaser will not be liable for attorney fees or costs in any action brought by the government.

Right to Keep and Bear Arms

Taking from English common law, the American Founders expanded upon and guarded this right from state legislative violation. The right entails the liberty to go peaceably armed, but not in a manner intended to terrorize others. Nevada: A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed; however, this provision does not prevent passage of laws restricting the carrying of concealed weapons. Art. I, SS 10. The Court in Miller carved out this Second Amendment as an exception to the general rule that Americans may possess firearms for all lawful purposes POL 1110 Assessment 1 Purpose of Nevada Constitution and held that "the Constitution does not guarantee any right to keep or bear arms that has no reasonable relationship to the preservation or efficiency of a well-regulated militia." (citation omitted). This is the standard to which courts are to apply the Second Amendment today.

Right to Free Speech

The Constitution guarantees the right to freedom of speech. This means that government officials, including college administrators, cannot use a claim of safety as a smokescreen to shut down speech they dislike or that challenges power structures on campus. However, the Supreme Court has ruled that schools can restrict speech that incites violence, creates a clear and present danger of lawlessness or obstructs recruiting activities. It can also impose prior restraints on the publication of libelous speech if it is made with actual malice. The Constitution protects the right to engage BHS 430 Week 3 Couple and Family Communication in symbolic speech as well, such as wearing black armbands to protest war ("Students do not shed their constitutional rights at schoolhouse gates"). The Court has also ruled that religious organizations and members of the clergy may not be required to solemnize marriages if they object on moral grounds.

Right to Abortion

Nevadans guaranteed abortion rights through a referendum vote in 1990 and it's protected from legislative changes unless voters approve another ballot measure. But an emboldened anti-abortion movement, fueled by the Supreme Court's ruling that overturned Roe v Wade, is challenging reproductive rights on all fronts. Nevada Senate Majority Leader Nicole Cannizzaro is introducing a constitutional amendment to put abortion rights directly in the state constitution, the highest level of protection. It would take more than three years to enshrine the rights but she hopes it will stand up to future challenges. She says she's not aware of outside states prosecuting women who travel to Nevada for abortion services but that could change if other restrictions are approved in neighboring states. She wants the amendment to provide a clear legal framework and reaffirm that the right is for a woman to make her own medical decisions.

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