100% (1)
Pages:
10 pages/≈2750 words
Sources:
2
Style:
APA
Subject:
Social Sciences
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 43.2
Topic:

Constitution Nevada and the Us Constitution

Essay Instructions:

This essay has to be double spaced, 12pt font times new roman. Please answer in essay format the questions below. Use internet media sites to reference the questions below as well as any books that may be pertinent. Do not worry about a cover/title page, just need the essay and work cited page. Citations should be APA format. (1) What is the significance of the fact that the Nevada Constitution is lengthier than the US Constitution? (2) Which of the two constitutions provides greater protections for individual rights and how so? (3) Which of the two constitutions provide greater protections for minorities (however defined, i.e., as merely 50% minus one or fewer persons AND as racial or ethnic minorities)? (4) Which constitution gives greater protection to the right of the majority to govern (and explain why)? (5) Explain the pros and cons of Nevada\\\'s system for electing judges compared to the so-called Merit Plan (i.e., Missouri Plan, or similar plan) used in other states as well as the U.S. national system for appointing judges. Describe recent attempts of Nevada to move to the merit plan. Also, outline Nevada\\\'s recent attempts to establish an intermediate court of appeals.

Essay Sample Content Preview:

Constitution Nevada and the Us Constitution
Name:
Institution:
What is the significance of the fact that the Nevada Constitution is lengthier than the US Constitution?
Based on the length of the two sets of laws, one cannot derive the significance of either given that they are supposed to govern at different levels. Currently the US constitution is the supreme law that governs all the states in the United States of America. The US constitution is formed of seven articles that were original in totality. The first articles relates to the powers of the legislature while article two relates to the powers of the executive. Article three relates to the judiciary and its powers, while article four deals with the powers of the state and the limits they have. Article five then relates to the due process that has to be followed when any of the amendments are being done to the constitution. The sixth article then details the powers that the federal government has, while the last article, number seven, relates to the ratification. It also contains the bill of rights and the twenty seven amendments that have been made since the constitution was adopted into the law in the year 1787, 17th of September (Constitutionus, 2013).
In the year 1864, on the 1st Wednesday of the month of September, a convention of delegates that had been chosen by the people of the state of Nevada brought forward the constitution that they had been preparing. The constitution was voted by the people as the new constitution of the state and on 31st of the following month the then president Abraham Lincoln proclaimed to the other states that the state of Nevada was now admitted to the union and was part of the original states that formed the United States of America. Unlike the US constitution that of Nevada is formed of 19 articles (State of Nevada, 2013). The first article deals with the rights declaration in the state, while the second article details the rights of suffrage. The distribution of power is detailed by the third article while the fourth deals with the legislative department and the fifth deals with the executive department. The sixth article then details the judiciary while the seventh article deals with the process and the conditions that are necessary for the removal of state officers from office and the impeachment process. The municipal and the other corporations are governed by eighth article, while finance and state debt are articulated in the ninth article. The tenth and eleventh articles articulate the taxation protocols and the education matters respectively. Militia and public institutions are governed by the twelfth and thirteenth articles respectively. The fourteenth article relates to the boundaries of the state, the fifteenth article relates to the miscellaneous provisions, the sixteenth deals with the amendments, while the seventeenth deals with the schedule. The eighteenth article deals with the right of suffrage as repealed in the year 1992, while the last article deals with the initiative and issues related to the referendum.
Based on the evaluation of the various articles that make the two sets of law unique, the two cannot be compared relative to their length to assess their significance. While the us constitution may be the supreme law to all the laws governing the various states, the value of the constitution of Nevada cannot be understated as it is more specific to the state.
Which of the two constitutions provides greater protections for individual rights and how so?
When the British American colonies separated and became the free independent nations of the British empire, the most fundamental basis for the split was the declaration of the individual rights and freedoms that every man and woman were supposed to be accorded. According the persons that were championing for the rights of every man, all of the mankind was created equally by the creator and thus they all had the unalienable rights to the pursuit of happiness, liberty and life (Constitutionus, 2013). Although the first constitution that was adopted in the year 1787 did not directly address the issues of individual rights and freedoms with the much anticipated zeal, it made do with the provisions. Later on the fourth president named James Madison introduced the bill of rights in the first ten of the constitutional amendments in the year 1791. Among the rights that were stipulated in the amendments included the freedom of speech, religion, press and petition, the right to bear and keep fire arms and the protection from the quartering of the soldiers. There was also the right from being unreasonably searched as well as seizures and the right to have the due process of the law followed during any litigation issues. The convicted also have the right to a speedy trial, a public trial and a right to a legal counsel. In the case of the trials the convicted also have the right to the civil trial by the jury. In the event that one is convicted the US constitution guarantees that one should not have to be taken through unusual or cruel punishment or by any chance be asked to produce excessive bail. It also provides for the protections of the rights that are not enumerated in the constitution, which extends to the rights that are provided for in the states constitution such as the constitution that is used as the law in the state of Nevada. The US constitution also protects the states’ and the people’s power. The fourteenth amendment as ratified in the year 1868 provides the citizens of the United States of America with the right to citizenship. As such anyone that is born on the American soils is entitled to their right of citizenship. The fifteenth amendment ratified in the year 1870, gives the citizens the right to vote regardless of the colour or race. Then the nineteenth amendment gave the right to vote regardless of the sex in 1920. Later on the year 1971 the twenty sixth amendment was ratified, which protected the right of any citizen who has attained the age of 18 years and above to vote (State of Nevada, 2013).
In the Nevada constitution the individual rights of the citizens of the state are protected by the article one, which is referred to as the Declaration of Rights. In total there are twenty two sections of the article all of which detail the various rights that the citizens are entitled to. These are by an extension of the rights that are provided in the US constitution as it is the supreme law and all the states can only build upon them and not subtract any. The first section deals with the inalienable rights of all the citizens. Much like the US constitution was based on the rights of every man being equally created and deserving of the right to life, liberty, pursuing and obtaining their happiness and safety, acquire, possess, and protect property. The second section details the purpose of the government which is to protect the people and also pledge paramount allegiance to the United States. Like in the US constitution the citizens also have right to be tried by the jury as stipulated in section three. The fourth section of the Nevada constitution stipulates the right and freedoms of worship and religion. In the fifth section, the suspension of habeas corpus, with the provisions as to due protocol with regard to the public safety and rebellion (Constitutionus, 2013). The sixth section then protects the rights of the citizens from the excessive bail, unusual and cruel punishments and the detention of witness which is absent in the US constitution. Further the seventh section also adds on to the issue of exception from bail in the case of the capital offences and murder, which are serious violations. The eight sections also build on the rights of the victims of crime and the due process of the law. The liberty of the press and the freedom of speech are protected by the ninth section of the Nevada constitution. The right to bear and keep arms is also stipulated in the Nevada laws within the eleventh section. In the event of war, the soldiers can be quartered in the residential houses without the consent of the owner, but in the event that there is peace, the soldiers h...
Updated on
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:
Sign In
Not register? Register Now!