Question:
An Analysis of The Nevada Constitution And US Government Structures
Each component of your paper assignment consists of four parts.
You will need to answer the following questions about Nevada and the U.S Constitutions. Your paper should not be a simple comparison.
Explain why the Nevada constitution is longer than the U.S. Constitution.
How is it longer? What does this mean to the Nevada judges when they interpret the state constitution in a different way than federal judges?
The governor of Nevada has more power than the president in the national political system.
You should also consider formal powers such as veto, pardon and the ability to appoint people (such as judges or Secretary of State). ).
Explain how Nevada’s legislature feels constrained by Nevada’s forms of direct Democracy (i.e., the referendum, recall, statute affirmation and initiative), and its constitutional mandate not to meet for 120 days every year, etc.
Describe the strengths/weaknesses of Nevada’s system for selecting judges. It is different from the Merit Plan (i.e. “Missouri Plan” or similar plans) that is used in other states and the U.S. National System for Appointing Judges.
Describe Nevada’s recent attempts to transition to the merit plan.
Also, describe Nevada’s recent efforts to create an intermediate court or appeals. This includes its successful attempt in November 2014.
Answer to Question: PSC-101 Introduction To American Politics
The Nevada state constitution basically governs the residents of Nevada.
Notable, the Nevada constitution was adopted in 1864. It’s longer than that of the United States.
The Nevada constitution is longer because of its many broken parts, which are considered extensions to the United States Constitution.
It is significant that the Nevada Constitution has a longer length because it has been expanded to serve the unique needs, aspirations, of Nevada citizens.
The Nevada Constitution contains nineteen articles. This is because it expresses the sovereignty power of its citizens.
Predominantly, it is a guiding document that the United States of America Constitution provides for its state legislatures to adopt in their state constitutions.
State constitutions can be more lengthy than Federal constitutions. This happens because state constitutions have a lot of responsibilities that they are entrusted with by the Federal Constitution.
It is also easier for the Nevada State constitution to be amended than the United States of America constitution.
The Nevada Constitution is generally easier to amend than the United States Federal Constitution. This is due to the many amendments that follow the more straightforward amendment procedures.
Because the Federal Constitution delegated many of the functions of the states, it is not surprising that Nevada’s constitution is heavier (Bower 2002). This is because the constitution is made at the state level and addresses specific issues within each state. It also opens up to the possibility that some constitutions might be longer than others.
Furthermore, the Nevada constitution does not just address legitimacy. It also addresses other aspects of Nevada such as income, economics and other issues specific to Nevada.
You can amend state constitutions quickly, making it possible to have many more pages and articles than the Federal Constitutions of the United States of America Constitution.2.
Sandoval is currently Nevada’s governor. He holds a lot of political powers.
Nevada Governors possess vast political powers that are similar to the presidents of other countries.
While presidents lead military forces in their countries’ military, the governor of Nevada is commander in chief of those forces in Nevada (Ballotpedia). The governor has the same veto powers as the president in order to fulfill his duties of governor.
In most African jurisdictions like Kenya, the president has the veto power. However, if the president is unavailable, then the deputy presidential assumes the role of acting president.
Nevada’s governor has a variety of political powers including the power to grant pardons or remiss fines, as well the power to adjourn proceedings and summon legislative sessions.
The Nevada constitution also enshrines the ability for a president to exercise his functions with both military and civil officers. This is also shared by presidents from other jurisdictions.
The United States of American President can also exercise the appointment power by appointing ambassadors, federal court judge judges and cabinet secretaries.
The United States President has the ability to exercise veto rights and enter into agreements with other countries on his behalf.
The United States government is also able to convene and adjourn Congress meetings (Harcourt 2016).
The United States of America president has more power than the Nevada governor in terms of command of the military forces and military forces.
The governor of Nevada has the power to veto the state legislature and to close financial entities. This gives him political influence in Nevada.
In the same way, the governor holds military power over state military units like the president (Banning, 2013).
Undisputedly, governor is the executive head for the state. His actions are therefore crucial to the smooth functioning of the state.
The governor holds most of those powers and privileges that the president of most international states enjoys. This gives the governor a significant political role.
The position of governor of a state is as powerful and important as that of a presidential of a federal form of government.3.
Nevada’s constitution currently grants the people the power to create new laws and amend existing ones.
The citizens of Nevada have the opportunity to participate in governance by circulating petitions and other initiatives.
In Nevada, citizens can vote on legislation (statutes) and approve or disapprove them through referendums.
There are seven types of direct democracy widely accepted.
The seven most common forms of direct democracy are legislative referred constitutional modification, also known as referendum, legislatively refer statute, initiated statute (directly, indirectly), constitutional amend, veto referendum and state affirmation.
Nevada is the state with the most state affirmation.
This right or privilege is being delegated to Nevada citizens, which reduces the power of the legislature.
Recall Powers
Nevada politicians are in turmoil over recall campaigns launched by citizens against the secretary of State Woodhouse, Henderson, and Farley.
Article 2of Nevada Constitution grants citizens the right of recalling public officers serving in public offers.
The recall power is meant to help the citizens, as the power to recall falls with them. This recall provision doesn’t guarantee security of tenure of its public officers thus a disadvantage for Nevada politicians who feel at the mercy of the voters (Pooja n.d).Specifically, the Nevada Legislature has less duties as compared to other jurisdictions due to the various direct democratic provisions enshrined in its constitution favoring the voters (citizens).Constitutionally, the Nevada legislature is mandated to meet every 2 years.
This basically means that the legislature doesn’t have many functions.
A legislator’s term is too short in Nevada. In addition, there is no guarantee of tenure because for a second mandate, another election will be required.
There is a twelve year lifetime limit for assembly, and a twelve year limit for senator members (O.N.E.n.d). The Nevada legislative sittings also take place on a biennal schedule, unless the Governor asks for the same or the same petitions by more than half of its members.
Additionally, the Nevada constitution limits the allowances for members of the legislative assembly. This restricts the legislature’s ability to set its own remuneration and reduces its independence.
Nevada constitution limits the powers of the legislature in that they are not allowed to pass bills or attend to business not authorized or planned for by that session.
In Nevada, the constitution is a controlling factor in the legislature’s actions.4.
Strengths and weakness of Nevada’s Judicial System as well as the “Missouri Plan”
Nevada judges are elected by voters through their votes. This is an important indicator of democracy and participation.
Nevada’s judicial system allows the voters to exercise their rights freely without any restrictions. However, Under the “Missouri Plan” greater merits lie due to the fact that judges are to be nominated and screened by a commission as part of their qualifications before the appointment(Encyclopedia Britannica n.d).Basically, the “Missouri plan” advocates for the selection of judicial officers who are thoroughly screened before nominating them to the appointing authorities.
One argument against this merit plan says that it eliminates the power of citizens to appoint their own judicial officers, and instead delegate the responsibility to a commission.
Merit Plans Are Being Considered
Nevada has taken steps recently to adopt parts from the merit plan for a selection of its judiciar officers.
According to the current proposals, judges who are seeking to be appointed would be prohibited from making any political related contributions. This is done in an effort to remove the political influence.
A stately appointed judicial commission (Gold 2006.) would also nominate judges. This is to ensure that they are honest and diligent about vetting candidates for office.
This judicial panel will make it more likely that judges are properly selected than in the current system.
The Nevada Plan proposes that judges serve two years of probationary terms. This will allow for time to examine the candidates and prepare them for open election.
Notably, probationary periods have their merits. They make it easier to evaluate the suitability of judges and judge their independence.Intermediate Courts Of Appeal
Although Nevada has an intermediate appellate judge, the process was not smooth.
The 1980 and 1992 elections rejected efforts to establish an appellate intermediary court. All this attempts flopped until the year 2014(Gaveltogavel 2013).Predemoninantly, the advocator of the creation of the intermediate bill anchored their argument on the fact that the intermediate appellate court would reduce case backlog and offer timely disposition of cases whereas the antagonists were of the opinion that this would be burdensome for tax payers.
The Nevada court for intermediate appeal was finally voted in by the amendment to it’s Constitution on 4th November 2014.
In the same way, three judges are assigned to the court’s operation from Mississipi state and Idaho.
Remarkably, Nevada’s establishment of a court of appeal has helped to significantly reduce the backlog, provided timely judgments, and ruled which is a great way to promote timely and accessible justice for Nevadans.
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Harcourt Mifflin.Houghton. (2016).The Powers of the President.Cliffnotes.Com. Retrieved from https://www.cliffsnotes.com/study-guides/american-government/the-president/the-powers-of-the-presidentJoecks, Victor.
(2017). Recall efforts under Nevada’s Constitution. Las Vegas Review Journal. Retrieved from https://www.reviewjournal.com/news/news-columns/victor-joecks/recall-efforts-proper-under-nevadas-constitution/Nevada Judiciary.
(n.d. “Court of Appeals”.
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