PSC 100 Module 2 - Online class notes. PDF

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Module 2 PSC 100

Lesson 1 1. What are the differences between the Nevada and U.S. constitutions? Nevada Constitution is lengthier than US Constitution (34,000 words vs 7,500) Nevada: more detailed Original Constitution still operational Oct31,1864 19 Articles & 150+ Amendments, US Constitution 27 amendments Nevada Constitution Lengthier (34,000 words) More detailed Original still operational, Oct 31, 1864

US Constitution Shorter (7,500 words) July 4, 1788

2. What is the purpose of the Nevada constitution? Organize and divide power Limit government The Nevada Constitution provides for a system of separation of powers. Much like that at the national level. Separation of powers is basically a horizontal division of power. And as a horizontal division of power, the Legislative, Executive, and Judicial branches exercise separate independent authority. The Legislature performs the law-making function, while the Executive is implementing the laws, and the judiciary interprets the laws. Now, unlike at the national level, at the state level, this is explicit in the Constitution -- this separation of powers. However, it's not a strict separation of powers in the sense that the legislative power is exercised primarily by the legislature but the governor has rule. For example, while the legislature can adopt a bill -- or pass a bill with a majority vote, it does not become law unless the governor signs it. The governor has the option of vetoing or rejecting that bill. In which case, it would be sent back to the legislature for an override vote by a 2/3 majority. This is what creates what we call a system of checks and balances. The check on the legislative authority by the governor is the veto power. The balance to that check is the ability of the legislature to override that veto with a 2/3 majority. And it is also to organize the power of government. Since the 10th amendment to the U.S. Constitution provides for the power of state governments, we have to organize our government in order to exercise those powers. Also, the Nevada State Constitution limits government by virtue of the fact that we've written a Constitution, we are attempting to limit the authority of the individuals who serve in the various offices. Also, an example of limited government is the inclusion of the Declaration of Rights which is Article 1 of the Nevada State Constitution. The Declaration of Rights is very similar to

the U.S. Bill of Rights, and protects various civil liberties. For example, the right to free speech. The right to an attorney. These are protected under Article 1 and, therefore, limits what government can do. Under the Nevada State Constitution, the government is required to provide for education. As I had mentioned, the state performs many functions. And since the Constitution is lengthier, more detailed, we see the provision for education. There's no similar provision at the national level. Now some of the important features of the State Constitution include amendment. There is -there are two methods to amend the State Constitution. And as we've already mentioned, this -one of these two methods -- or both of these methods rather have been used over 140 times. When we talk about amending the State Constitution, we're talking about changing or adding to the Constitution. The legislative method -- I will talk about now. And the initiative method will be discussed in a separate lecture on direct democracy. The legislative method -- in terms of amending the Constitution, the majority of the legislature can vote in favor of an amendment. If the majority of the legislature votes in favor of an amendment, it is submitted for a vote at the next legislative session for majority passage again.

3. What are the four features of the Nevada constitution? Amendment: 2 methods: 1. Legislative 2. Initiative Revision 1 method, never used Term Limits Almost all state officials limited in total number years they may serve in any one office Impeachment Article 7 4. What are the methods by which the Nevada constitution can be amended? Describe them. . The legislative method -- in terms of amending the Constitution, the majority of the legislature can vote in favor of an amendment. If the majority of the legislature votes in favor of an amendment, it is submitted for a vote at the next legislative session for majority passage again. In other words, in two consecutive legislative sessions, a majority of Assembly members and Senators must vote in favor of a proposed amendment. Moreover, this must be a majority of total members of the Assembly in the Senate. Meaning it's an absolute number. Since there are 21 members of the State Senate, this would require 11 members for majority passage in that chamber. But it must pass in two consecutive legislative sessions by majority vote of both chambers. Following that, the proposed amendment will be submitted to the voters at the next general election for approval or rejection. So the voters' approval is required in order for any change to the State Constitution. And we'll find that with regard to the initiative, voter approval is also required. So the one absolute necessity in order to amend the State Constitution is voter approval. This is actually quite different from the national method of amending the U.S.

Constitution. At the national level, there are four different methods for amending the Constitution. And there have been really, one that has been used to adopt 26 out of the 27 amendments. 5. Do term limits exist in Nevada? If so, provide examples. Term limits. Another feature of the Nevada State Constitution and this sets us apart from the national government. At the national level, term limits only exist for the president. Of course, the president is limited to ten years in office total. But other than that, congress members can serve as long as they can be elected. And judges, of course, are appointed for life. In Nevada, almost all state officials are limited in the total number of years they may serve in any one office. The governor is limited to a total of ten years. They can serve two terms -- two four year terms, plus two years of their predecessors' term. The other members of the plural executive, including the Attorney General, Secretary of State, Treasurer and Controller are limited to eight years or two terms. The lieutenant governor, the final member of the plural executive, can serve a total of 12 years or three terms. Finally, the legislature -- all legislators and local officials in the State of Nevada are limited to 12 total years in office. In 1994-1996, the people of Nevada used the initiative process to adopt term limits for legislators. The Assembly members and State Senators are limited to 12 total years. Meaning Assembly members who serve two terms -- two year terms -- can serve a total of six terms all together. State Senators, who serve terms of four years, can serve only three total terms. Moreover, partial terms count as full terms. It is noteworthy that judges are except from this process -- from these term limits. Judges can serve as long as they can be elected. And this is an interesting irony because in '94, the initiative as presented to the voters would have applied term limits to both legislators and judges. But in Nevada, legislation can only deal with one subject and, therefore, the legislative term limits were severed from judicial term limits for the '96 vote. In 1996, voters decided that the legislators should be limited to 12 years, but judges should not. And, therefore, they still remain exempt.

6. Detail the reasons and process of impeachment in Nevada. Under Article 7 of the Nevada State Constitution state officials can be impeached for misdemeanors or maleficence. Maleficence is essentially a neglect of duties. Now at the national level, of course, impeachment also exists for federal officials. And federal officials can be impeached for treason, bribery, or other high crimes or misdemeanors. But again at the State level, all you need to impeach is misdemeanors or maleficence under Article 7. The process of impeachment at the state level is very similar to the process at the national level. To impeach a state official, first the assembly by a majority vote must vote in favor of the articles of impeachment. If a majority of the assembly vote in favor of the articles of impeachment, then you have successfully impeached that individual. It's essentially charging that individual with a crime. At that point, the process moves to the State Senate. And the State Senate essentially is acting as your jury. And this case, the State Senate, presided over by the Lieutenant Governor who is essentially acting as the

judge over the case -- although if the Governor is being impeached, then the Chief Justice of the Supreme Court would be the presiding officer. But otherwise, the Lieutenant Governor serves as the presiding officer over the trial that is conducted by the State Senate. The State Senate, in order to convict an official, must vote in favor by 2/3 majority. If 2/3 of the State Senate vote in favor of conviction, then the individual can be removed from office and barred from serving in future office. Most recently, we saw this occur with Cathy Augustine, then Controller. Cathy Augustine was elected to serve as the Controller, and she was impeached, and convicted, in 2004 for misuse of state employees. There was charge that she was using state employees and state money to help fund her 2002 reelection. The state assembly voted unanimously in favor of impeaching her and the State Senate by a -- I believe -- 20 to 1 vote -- voted in favor of conviction. However, she was not removed from office. So she was permitted to serve out the remainder of her term and she was not barred from trying to run for future offices. In fact, she was running for the Treasurer position when she was murdered by her husband who was later convicted. But we have seen this process occur. And furthermore, even though the State Senate is limited to removing an official from office and barring them from future office -- charges -- criminal charges can be brought against these individuals in district court if the need arises.

Lesson 2 1. What forms of direct democracy are available to Nevadans?  Initiative  Referendum  Recall 2. Define each of these. Initiative: The initiative process allows citizens to purpose net laws or constitutional amendments directly. Referendum: There is some existing law that is being referred to the voters. Now when it comes to a referendum, the people can demand a referral or the legislature can refer a law to the voters. Recall: voters can remove elected officials prior to the expiration of their term 3. Describe the process of each. Initiative: In this case, 10% of the voters from the previous general election must sign a petition for a new constitutional amendment. This constitutional amendment proposal goes directly to the voters in 2 general elections.

Referendum: the people can demand a referral or the legislature can refer a law to the voters. If the people demand a referral, it starts with a petition signed by 10% of the voters from the previous general election. If the petition is signed by the requisite number of voters, then it goes on the ballot in the next general election. It's a simple up or down vote. So if the people -- majority of people vote in favor of it, then it remains a law. However, the legislature cannot change a law upheld by the people when the referendum is demanded by the voters. So if the referendum is demanded by the voters through this petition process, the legislature cannot touch that law again. Recall: To begin, you need a petition. Twenty-five percent of the voters from the previous general election of that office holder must vote in favor -- 25% of the voters from the previous general election of that office holder must sign a petition requesting a recall vote. If you can get 25% of the voters from the office holder's previous general election to sign the petition, then the office holder has 5 days to resign. If the office holder refuses to resign, then a recall election is held and the voters decide whether or not to keep that person in office. Other individuals can also run against the office holder and the person with the most votes serves out the reminder of that term so much like occurred in California. Now in Nevada very few officials have been recalled; only about 10 local officials have been successfully recalled, people like sheriffs, and no state official has been recalled. So these are important methods for the voters to maintain control of government and exercise more direct power over government.

4. Provide examples of each. Initiative: So for example in 2006 there was a proposed constitutional amendment relating to eminent domain in the state. It passed with a majority vote of the people of Nevada and it was then sent to the next general election in 2008 for another majority approval vote by the people. Since the people voted in favor of the amendment in 2008 again by simple majority, it became law. Now earlier, it's noteworthy that earlier there was a requirement that 75% of the counties, 13 out of 17 counties, have 10% of the voters sign the petition. This provision was declared unconstitutional in 2004 because effectively it allowed voters of small counties to decide the fate of a proposed constitution amendment. For example Esmeralda County is a very small county; perhaps there are 600 registered voters. Of course Nevada or Clark County rather, Clark County is the largest county in the state and must be about a million registered voters. Now if you had 10% required in each of these counties, then it would require roughly 100,000 signatures in Clark County, but it would require only 60 in Esmeralda. However, you could effectively have 600 people of Esmeralda prevent a constitutional proposal from being submitted to the voters. This was considered unfair and a violation of the principal of one man, one vote. What's interesting here is that the legislature subsequently required that the petition be signed by 10% of the voters in all 17 counties. That's why recently we have not seen as many initiative proposals and qualify for the ballot. Now given the previous ruling by the State Supreme Court that the 75% county requirement was unconstitutional, it's likely that this will also too be declared unconstitutional but only

time will tell. Some important constitutional amendments adopted through the initiative process include that of medicinal marijuana. Medicinal marijuana was pursued -- the legalization of medicinal marijuana rather was pursued through the initiative process. And Nevada voters in the early 2000s through a constitutional amendment allowed for the medical marijuana use. One thing again to remember about the constitutional amendment process is that whether or not you use the initiative method or the legislative method, in either case, the people, the voters, approval is required to change the constitution. Referendum: 1990s it was thought that abortion, the Roe versus Wade decision at the national level by the U.S. Supreme Court might be overturned. If the Roe versus Wade decision which guarantees the constitutional right to an abortion were overturned, then the power to regulate abortions, to allow them or not allow them, would revert back to state control and states would be able to decide whether or not the people, the citizens of that area, were permitted to get one. In order to prevent the state from -- if this were to happen and because of this fear that Roe v. Wade be overturned, the proponents of abortion demanded a referendum of the abortion law. And in demanding the referendum of the abortion law, it was placed on the ballot of the next general election and the voters upheld it. What this did, it was a political tactic used by the proponents of abortion because what it did was lock in the abortion law. And the only way you would be able to do away with abortion or outlaw abortion after that would be through another direct popular vote of the people so it was very purposeful on their part.

Recall: Other individuals can also run against the office holder and the person with the most votes serves out the reminder of that term so much like occurred in California. You can have Arnold Schwarzenegger run against then Governor Gray Davis who was recalled. In the end, Schwarzenegger received more votes from the people so he served out the remainder of that term. Now in Nevada very few officials have been recalled; only about 10 local officials have been successfully recalled, people like sheriffs, and no state official has been recalled. So these are important methods for the voters to maintain control of government and exercise more direct power over government.

Lesson Three Read Bowers, Ch 4

1. Describe party competition throughout Nevada's history. Competitive 2party, 5 distinct periods of voting. 2. What is the nature of party competition in Nevada today? Ticket splitters, democrats conservative,

3. Detail the expansion of voting rights. 1864- white males, 21yrsq, poll tax 1870- prohibited denial of right to vote on account of race 1910- poll tax amended 1914- women vote 1966-poll tax eliminated 1971- voting age reduced to 18

4. When did Nevada grant women the right to vote? 1914 5. What are Nevada's current voting eligibility requirements? 18 yrs, US citizen, 30 day residency. Registered to vote, not incompetent, not a felon

Lesson Four 1. Identify the types of primaries states use. Which does Nevada use? Nevada uses closed primaries: only registered party members may participate in that party's primary open and blanket throughout the country 2. What is the difference between plurality and majority vote winners?  Now when those votes are tabulated, the results are certified by the secretary of state in Nevada. And whoever wins the most votes wins that office. This is called a plurality vote winner.  a majority, what I mean is a majority is strictly 50% plus one vote, okay. So 50% plus one vote constitutes a majority 3. What is the 'none of these candidates' option? What happens if 'none' wins the most votes? none of these candidates' option. I believe we are the only state to offer this on the ballot. And these are for statewide offices where voters can choose none of the above essentially. None of these candidates. However, if the voters do choose none of these candidates, it is the candidate who, it is the next highest, or I'm sorry, the actual candidate who wins the most votes who wins that office, okay. So even if none of these candidates gets the most votes, it really doesn't count. It doesn't impact the outcome of that because the next highest vote getter, actual person who received the most votes, wins that office. Now this was contested, and as of 2012 it remains on the ballot. It had remained on the ballot on the 2012 elections. A district court judge did rule that none of these candidates' option was unconstitutional. However, the appellant court of the ninth circuit stayed the order and effectively left the option on the ballot for Nevada voters. So again at this time we

still have that option. And it's really more an expression of dissatisfaction with the choices that are being offered than anything. Because again, even if it gets the most votes the actual candidate who wins the most votes will win that office 4. Describe the presidential selection process as it relates to Nevada. we use a caucus to select delegates to then attend the national convention to select a presidential nominee. So it's a, it is an involved process. And really in the caucus you are not directly choosing the candidate for the Republican Party or the candidate for the Democratic Party. The presidential candidate for the Republican Party, the presidential candidate for the Democratic Party. You are expressing a preference. You are selecting a delegate to then go attend the national convention and vote for that candidate. Now a caucus is a little different than a primary. Now technically the state of Nevada has left it up to the individual pa...