2017 the Nebraska Constitution
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The Nebraska Constitution 1866 - 2016 Published by Legislative Research Office Nancy Cyr, Director Nebraska Legislature State Capitol P.O. Box 94604 Lincoln, NE 68509 402-471-2221 The Nebraska Constitution: 1866-2016 A Legislative Research Office Backgrounder Prepared by Designed by February 2017 Kate Gaul Logan Seacrest Research Analyst Research Analyst Research Report 2017-1 Nebraska’s Constitution Section “To know the ideas of human liberty and civic institutions which were held upon these prairies in the days of their first settlement, which fought for recognition in the framework of government – that will be worth something to future generations. The memory of the work they wrought, of the hardships and dangers they endured, will be an inspiration to all children of men who shall hereafter enjoy the fruit of the institutions and the spirit they planted upon these plains.” — Addison E. Sheldon, January 12, 1906 This quote comes from the Official Report of the Debates and Proceedings in the Nebraska Constitutional Convention, assembled June 13, 1871. Addison Sheldon was director of field work for the Nebraska State Historical Society in 1906 and published the original shorthand report of the Constitutional Convention of 1871, which laid the groundwork for the convention of 1875. He is credited with finding the report in a statehouse vault in 1899. Unfortunately, no similar report of the proceedings of 1875 was apparently made. Or, if so, no one has yet uncovered it in the Capitol’s basement. Table of Contents Introduction..................................................................1 Article VI.....................................................................92 Article XIII.................................................................150 The Constitutional Amendment Process......2 Article VII...................................................................95 Article XIV................................................................156 A Note about Using this Report.........................3 Article VIII.................................................................112 Article XV..................................................................157 Preamble and Article I............................................4 Article IX....................................................................127 Article XVI.................................................................172 Article II..........................................................................17 Article X.....................................................................130 Article XVII...............................................................174 Article III........................................................................18 Article XI...................................................................134 Article XVIII..............................................................183 Article IV.......................................................................50 Article XII..................................................................140 Resources................................................................196 Article V........................................................................68 Nebraska’s Constitution Introduction Introduction Some might say Nebraska’s Constitution is a thing their way into the Constitution in recent decades. of the past. They’d be right. The document that Over the years, Nebraska’s Constitution has been serves us today was written in 1875, making it one amended more than 230 times. There have been 1 of the oldest state constitutions in existence. three constitutional conventions since statehood Far from being consigned to the dustbin of history, (1871, 1875, and 1920) and two constitutional Nebraska’s Constitution reflects the times and the commissions (1970 and 1997). events shaping our state. Court decisions also shape the Constitution. In For example, the machinations of adopting the the mid-1990s, two rulings by the Nebraska State Constitution mirror Nebraska’s tumultuous Supreme Court invalidated initiative-petition path to statehood in the years immediately driven amendments seeking to place term limits on following the Civil War. certain elective officers.2 An Eighth Circuit Court of Appeals ruling in 1999 invalidated several sections Labor unrest, the Populists, and the Progressive of Article XVIII relating to term limits because those political movement at the turn of the 20th century sections violated provisions of the U.S. Constitution influenced the 1912 amendment which authorized pertaining to free speech and the manner in which the initiative and referendum processes and many of the federal Constitution can be amended.3 Recent the 41 amendments proposed by the Constitutional federal rulings have also affected the Nebraska Convention of 1919-1920. Tough times on the farm Constitution’s bar on corporate farming4 and same- and changing economic realities ushered in the 1982 sex marriages.5 amendment barring corporate farming. In 2017, Nebraska celebrates 150 years of Term limits on politicians, protections for crime statehood. As Nebraska approaches this milestone, victims, the right to hunt and fish, and the right to this report offers insight into how our Constitution, keep firearms for personal protection are issues that written at the dawn of statehood, has evolved and A copy of the original Constitution. have gained traction with Nebraskans and found remains Nebraska’s guiding legal document. 1. Only 17 states have constitutions older than Nebraska’s, according to University of Nebraska Professors Miewald, Longo, and Schutz in their book, The Nebraska State Constitution, 2009 edition. 2. Duggan v. Beermann, 245 Neb. 907 (1994) and Duggan v. Beermann, 249 Neb. 411 (1996). 3. Miller v. Moore, 169 F.3d 1119 (8th Cir. 1999). 4. Jones v. Gale, 470 F.3d 1261 (8th Cir. 2006). 5. Obergefell v. Hodges, 135 S. Ct. 2584 (2015). 1 Nebraska’s Constitution The Amendment Process The Constitutional Amendment Process in Nebraska The Nebraska Constitution can be amended in amendments. Their recommendations were Constitution was changed, only 11 were approved. three ways: via legislative proposal, a convention, or presented to the Legislature. directly by citizens. Most of the measures that passed during this time The Constitution has been amended 235 times, did so after 1906, with the aid of laws adopted by Legislatively proposed amendments must be according to the Nebraska Blue Book. The early the Legislature to get around the Constitution’s approved by a three-fifths majority of senators, then Constitution was difficult to amend because doing high threshold. The so-called Party Circle Law and submitted to voters. A majority of voters voting on so required a majority of persons voting in the the Primary Law allowed all straight-ticket votes the amendment must approve it and the majority election as determined by the number voting for cast in an election to be counted as also being in vote must not be less than 35 percent of the total the Governor. This proved a difficult hurdle. Of favor of a constitutional amendment if the political votes cast in the election. (Article XVI, sec. 1) 39 amendments between 1882, when the first party being supported had declared its support for proposal made the ballot, until 1920, when the the measure at the primary. A three-fifths majority vote of the Legislature is also required to recommend a constitutional convention be convened for purposes of revising, amending, or changing the state Constitution. Amendments by Decade The recommendation must be approved by Years Submitted Approved Rejected voters before the Legislature calls a convention. The exact number of persons to serve in the 1882-1890 8 1 7 convention is determined by the Legislature, but 1892-1900 14 0 14 must not exceed 100. Members are nominated and 1902-1910 5 3 2 elected by district. Any proposals submitted by a 1912-1920 12 7 5 constitutional convention must be subsequently Constitutional 41 41 0 approved by voters. (Article. XVI, sec. 2) Convention of 1919-1920 Alternatively, since adoption of a constitutional 1922-1930 4 1 3 amendment in 1912, Nebraska citizens can petition 1932-1940 13 6 7 amendments onto the ballot. Petitions to amend the Constitution must contain the signatures of 10 1942-1950 6 1 5 percent of registered voters and be distributed so as 1952-1960 37 27 10 to include 5 percent of the registered voters of each 1962-1970 66 49 17 of two-fifths of the state’s counties. (Article III, sec. 2) 1972-1980 61 42 19 1982-1990 25 18 7 In 1969 and 1995, the Legislature passed bills 1992-2000 45 28 17 creating constitutional commissions. The duty given these commissions was to study the state’s 2002-2012 26 11 15 Constitution and recommend changes, if needed. Total 363 235 128 However, unlike constitutional conventions, the Sources: Nebraska Blue Book, 2014-2015, pgs. 241-257; Nebraska State Constitution,Miewald, Longo, and Schutz, 2009, pg. 30. commissions had no authority to directly propose 2 Nebraska’s Constitution A Note about Using this Report Aligning the constitutional sections can be A Note about confusing. The eye wants to follow a strict numerical order. The 2016 version of the Constitution provides that order, while the constitutions of 1875 and 1866 Using this Report are aligned alongside 2016 based on the substance of the sections. Sometimes this results in a simple jumbling of the sections within an article. However, other times following the language results in sections