The Nebraska State Constitution: A Reference Guide, Second Edition

The Nebraska State Constitution: A Reference Guide, Second Edition

By: Robert D. Miewald (author), Peter Joseph Longo (author), Anthony B. Schutz (author), Robert M. Spire (foreword_author), John M. Gradwohl (foreword_author)Paperback

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Description

The Nebraska Constitution is one of the oldest state constitutions in the United States. But it is far from stagnant: the 1875 document has been amended 227 times. Some of those changes were dramatic (such as creating the unicameral legislature) while others have been less so (for example, rearranging the provisions dealing with education in 1970). But all these changes tell a complex story of a lengthy document representing the will of the Nebraska citizenry as it responds to the needs of the day and the controversies of the time. That story is told here. The tools for further research are also provided in an accessible format. This second edition of the only modern, comprehensive reference on the Nebraska Constitution has been completely revised and features an enhanced format, greater coverage of judicial doctrine, and up-to-date information on the latest constitutional amendments and case law. This easy-to-use single-volume guide is a valuable acquisition for any library serving students, scholars, legal professionals, and citizens.

About Author

Robert D. Miewald (1938-97) was a professor of political science at the University of Nebraska-Lincoln and the author of several books. Peter J. Longo is a professor of political science at the University of Nebraska at Kearney. Anthony B. Schutz is an assistant professor of law at the University of Nebraska-Lincoln. Robert M. Spire (1925-94) served as Nebraska state attorney general in 1985. John M. Gradwohl is the Judge Harry A. Spencer Professor of Law at the University of Nebraska-Lincoln.

Contents

Contents List of Tables Foreword to the second edition by John A. Gradwohl Foreword to the first edition by Robert M. Spire The History of the Nebraska State Constitution The Nebraska State Constitution, with Commentary Introduction Preamble Article I: Bill of Rights Section 1. Statement of Rights Section 2. Slavery Prohibited Section 3. Due Process of Law; Equal Protection Section 4. Religious Freedom Section 5. Freedom of Speech and Press Section 6. Trial by Jury Section 7. Search and Seizure Section 8. Habeas Corpus Section 9. Bail; Fines; Imprisonment; Cruel and Unusual Punishment Section 10. Presentment or Indictment by Grand Jury; Information Section 11. Rights of Accused Section 12. Evidence against Self; Double Jeopardy Section 13. Justice Administered without Delay; Legislature; Authorization to Enforce Mediation and Arbitration Section 14. Treason Section 15. Penalties; Corruption of Blood; Transporting out of State Prohibited Section 16. Bill of Attainder; Retroactive Laws; Contracts; Special Privileges Section 17. Military Subordinate Section 18. Soldiers Quarters Section 19. Right of Peaceable Assembly and to Petition Government Section 20. Imprisonment for Debt Prohibited Section 21. Private Property Compensated For Section 22. Elections to Be Free Section 23. Capital Cases; Right of Direct Appeal; Effect; Other Cases; Right of Appeal Section 24. Repealed Section 25. Rights of Property; No Discrimination; Aliens Section 26. Powers Retained by the People Section 27. English Language to Be Official Section 28. Crime Victims; Rights Enumerated; Effect; Legislature; Duties Section 29. Marriage; Same-Sex Relationships Not Valid or Recognized Section 30. Discrimination or Grant of Preferential Treatment Prohibited; Public Employment, Public Education, or Public Contracting; Section, How Construed; Remedies Article II: Distribution of Powers Section 1. Legislative, Executive, Judicial Article III: Legislative Section 1. Legislative Authority; How Vested; Power of Initiative; Power of Referendum Section 2. First Power Reserved: Initiative Section 3. Second Power Reserved: Referendum Section 4. Initiative or Referendum; Signatures Required; Veto; Election Returns; Constitutional Amendments; Non-partisan Ballot Section 5. Legislative Districts; Apportionment; Redistricting; When Required Section 6. Legislature; Number of Members; Annual Sessions Section 7. Legislators; Terms; Effect of Redistricting; Elections; Salary; Expenses; Mileage Section 8. Legislators; Qualifications; One-Year Residence in District; Removal from District; Effect Section 9. Legislators; Disqualifications; Election to Other Office; Resignation Required Section 10. Legislative Sessions; Time; Quorum; Rules of Procedure; Expulsion of Members; Disrespectful Behavior; Penalty Section 11. Legislative Journal; Vote Viva Voce; Open Doors; Committee Votes Section 12. Legislators; Terms; Limitations Section 13. Style of Bills; Majority Necessary to Passage; Yeas and Nays Entered on Journal Section 14. Bills and Resolutions Read by Title; Printing; Vote for Final Passage; Bills to Contain One Subject; Amended Section to Be Set Forth; Signing of Bills Section 15. Members Privileged from Arrest Section 16. Members of Legislature and State Officers; Conflicts of Interest; Standards For Section 17. Impeachment; Procedure Section 18. Local or Special Laws Prohibited Section 19. Compensation; Increase When; Extra Compensation to Public Officers and Contractors Prohibited; Retirement Benefits; Adjustment Section 20. Salt Springs, Coal, Oil, Minerals; Alienation Prohibited Section 21. Donation of State Lands Prohibited; When Section 22. Appropriations for State; Deficiencies; Bills for Pay of Members and Officials Section 23. Repealed Section 24. Games of Chance, Lotteries, and Gift Enterprises; Restrictions; Pari-mutuel Wagering on Horse Races; Bingo Games; Use of State Lottery Proceeds Section 25. Incidental Expenses of State Officers; Specific Appropriations Always Necessary; Warrants for Money Section 26. Privilege of Members Section 27. Acts Take Effect after Three Months; Emergency Bills; Session Laws Section 28. Repealed Section 29. Legislative Authority in Emergencies Due to Enemy Attack upon the United States Section 30. Legislature to Pass Necessary Laws Article IV: Executive Section 1. Executive Departments; Officers; When Elected; Terms; Eligibility; Books to Be Kept at Seat of Government; Residence of Officers; Heads of Departments; Appointments Section 2. Governor; Lieutenant Governor; Eligibility; Qualifications; Appointive Officers; Ineligible for Other Offices Section 3. Treasurer; Ineligibility Section 4. Election Returns; Canvass by Legislature; Conduct of Election Contests Section 5. Impeachment Section 6. Supreme Executive Power Section 7. Message by Governor; Budget; Contents; Budget Bill; Preparation; Appropriations Not to Be in Excess of Budget; Exception; Excess Subject to Veto Section 8. Special Sessions Section 9. Repealed Section 10. Governor to Appoint Officers; Removal Section 11. Elected State Officer; Vacation of Office; Governor Fills by Appointment; Term Section 12. Nonelective State Officers; Vacation; Governor Fills the Office by Appointment; Approval by Legislature Section 13. Board of Parole; Members; Powers; Reprieves; Proceedings; Power to Pardon; Limitations Section 14. Governor to Be Commander-in-Chief of Militia Section 15. Bills to Be Presented to Governor; Approval; Procedure; Disapproval or Reduction of Items of Appropriation; Passage Despite Disapproval or Reduction Section 16. Order of Succession to Become Governor; Lieutenant Governor; Duties Section 17. Repealed Section 18. Repealed Section 19. State Institutions; Management, Control, and Government; Determination by Legislature Section 20. Public Service Commission; Membership; Terms; Powers Section 21. Repealed Section 22. Executive Officials to Keep Accounts; Reports; False Reports; Penalties Section 23. Executive Officials and Heads of Institutions; Reports to Legislature; Information from Expending Agencies Section 24. Great Seal Section 25. Salaries of Officials; Fees Section 26. Officials to Give Bonds Section 27. Executive Offices; Creation Of Section 28. Tax Equalization and Review Commission; Members; Powers; Tax Commissioner; Powers Article V: Judicial Section 1. Power Vested in Courts; Chief Justice; Powers Section 2. Supreme Court; Number of Judges; Quorum; Jurisdiction; Retired Judges; Temporary Duty; Court Divisions; Assignments by Chief Justice Section 3. Terms of Supreme Court Section 4. Chief Justice and Judges of the Supreme Court; Selection; Residence; Location of Offices Section 5. Supreme Court Judicial Districts; Redistricting; When Section 6. Chief Justice to Preside Section 7. Chief Justice; Associate Justices; Qualifications Section 8. Supreme Court Appoints Staff; Budget; Copyright of State Reports Section 9. District Courts; Jurisdiction; Felons May Plead Guilty; Sentence Section 10. District Court Judicial Districts Section 11. District Court Judges; Change of Number; Boundaries Section 12. District Court Judges May Hold Court for Each Other; Retired Judges; Temporary Duty Section 13. Supreme and District Judges; Salaries Section 14. Supreme and District Judges Not to Act as Attorneys; Judge Not to Practice Law; When Sections 1518. Repealed Section 19. Practice of All Courts to Be Uniform Section 20. Officers in This Article; Tenure; Residence; Duties; Compensation Section 21. Merit Plan for Selection of Judges; Terms of Office; Filling of Vacancies; Procedures; Voting for Nominee Section 22. State May Sue and Be Sued Section 23. Jurisdiction of Judges at Chambers Section 24. Style of Process Section 25. Supreme Court to Promulgate Rules of Practice; To Make Recommendations to Legislature Section 26. Proviso as to Effect of Amendment Section 27. Juvenile Courts; Authorization Section 28. Commission on Judicial Qualifications; Appointment; Composition; Qualifications Section 29. Commission on Judicial Qualifications; Vote of Majority Required for Action Section 30. Judges; Discipline; Removal from Office; Grounds; Procedure Section 31. Judges; Procedure for Removal from Office Cumulative Article VI: Suffrage Section 1. Qualifications of Electors Section 2. Who Disqualified Section 3. Military or Naval Service; Place and Manner of Voting Section 4. Repealed Section 5. Electors; Privileged from Arrest Section 6. Votes, How Cast Article VII: Education Section 1. Legislature; Free Instruction in Common Schools; Provide Section 2. State Department of Education; General Supervision of School System Section 3. State Board of Education; Members; Election; Manner of Election; Term of Office Section 4. State Board of Education; Commissioner of Education; Appointment; Powers and Duties Section 5. Fines, Penalties, and License Money; Allocation; Use of Forfeited Conveyances Section 6. Educational Lands; Management; Board of Educational Lands and Funds; Members; Appointment; Sale of Lands Section 7. Perpetual Funds Enumerated Section 8. Trust Funds Belong to State for Educational Purposes; Use; Investment Section 9. Educational Funds; Trust Funds; Use; Early Childhood Education Endowment Fund; Created; Use; Early Childhood Education, Defined Section 10. University of Nebraska; Government; Board of Regents; Election; Student Membership; Terms Section 11. Appropriation of Public Funds; Handicapped Children; Sectarian Instruction; Religious Test of Teacher or Student Section 12. Education and Reform of Minors Section 13. State Colleges; Government; Board; Name; Selection; Duties; Compensation Section 14. Coordinating Commission for Postsecondary Education; Membership; Powers and Duties; Coordination, Defined Section 15. Repealed and Omitted Sections 16 and 17. Repealed Article VIII: Revenue Section 1. Revenue; Raised by Taxation; Legislative Powers Section 1A. Levy of Property Tax for State Purposes; Prohibition Section 1B. Income Tax; May Be Based on Laws of the United States Section 2. Exemption of Property from Taxation; Classification Section 2A. Exemption of Personal Property in Transit in Licensed Warehouses or Storage Areas Section 3. Redemption from Sales of Real Estate for Taxes Section 4. Legislature Has No Power to Remit Taxes; Exception; Cancellation of Taxes on Land Acquired by the State Section 5. County Taxes; Limitations Section 6. Local Improvements of Cities, Towns, and Villages Section 7. Private Property Not Liable for Corporate Debts; Municipalities and Inhabitants Exempt for Corporate Purposes Section 8. Funding Indebtedness; Warrants Section 9. Claims upon Treasury; Adjustment; Approval; Appeal Section 10. Taxation of Grain and Seeds; Alternative Basis Permitted Section 11. Public Corporations and Political Subdivisions Providing Electricity; Payment in Lieu of Taxes Section 12. Cities or Villages; Redevelopment Project; Substandard and Blighted Property; Incur Indebtedness; Taxes; How Treated Section 13. Revenue Laws and Legislative Acts; How Construed Article IX: Counties Section 1. Area Section 2. Division of County; Decision of Question Section 3. County Added to Another; Prior Indebtedness; County Stricken Off; Liabilities Section 4. County and Township Officers Section 5. Township Organization Article X: Public Service Corporations Section 1. Reports under Oath Section 2. Property Liable to Sale on Execution Section 3. Consolidation of Stock or Property Section 4. Railways Declared Public Highways; Maximum Rates; Liability Not Limited Section 5. Capital Stock; Dividends Section 6. Eminent Domain Section 7. Unjust Discrimination and Extortion Section 8. Eminent Domain for Depot and Other Uses Article XI: Municipal Corporations Section 1. Subscription to Stock Prohibited Section 2. City of 5, May Frame Charter; Procedures Section 3. Rejection of Charter; Effect; Procedure to Frame New Charter Section 4. Charter; Amendment; Charter Convention Section 5. Charters of City of 100,; Home Rule Charter Authorized Article XII: Miscellaneous Corporations Section 1. Legislature to Provide for Organization, Regulation, and Supervision of Corporations and Associations; Limitation; Elections for Directors or Managers; Voting Rights of Stockholders Sections 26. Repealed Section 7. Repealed Section 8. Corporation Acquiring an Interest in Real Estate Used for Farming or Ranching or Engaging in Farming or Ranching; Restrictions; Secretary of State, Attorney General; Duties; Legislature; Powers Article XIII: State, County, and Municipal Indebtedness Section 1. State May Contract Debt; Limitations; Exceptions Section 2. Industrial and Economic Development; Powers of Counties and Municipalities Section 3. Credit of the State; Exception Article XIV: Militia Section 1. Personnel; Organization; Discipline Article XV: Miscellaneous Provisions Section 1. Official Oath; Refusal; Disqualifications Section 2. Official in Default as Collector and Custodian of Public Money or Property; Disqualification; Felon Disqualified Section 3. Repealed Section 4. Water a Public Necessity Section 5. Use of Water Dedicated to the People Section 6. Right to Divert Unappropriated Waters Section 7. Use of Water for Power Purposes Section 8. Employment of Women and Children; Minimum Wage Section 9. Controversies between Employers and Employees; Industrial Commission; Appeals Section 10. Repealed Section 11. Repealed Section 12. Removal of State Capital Section 13. Labor Organizations; No Denial of Employment; Closed Shop Not Permitted Section 14. Labor Organization; Definition Section 15. Labor Organizations; Amendment Self-Executing; Laws to Facilitate Operation Permitted Section 16. Repealed Section 17. Retirement and Pension Funds; Investment Section 18. Governmental Powers and Functions; Intergovernmental Cooperation; Legislature May Limit; Merger or Consolidation of Counties or Other Local Governments Authorized Section 19. Liquor Licenses; Municipalities and Counties; Powers Sections 2024. Omitted Article XVI: Amendments Section 1. How Proposed Section 2. Convention Article XVII: Schedule Section 1. Terms; Reference to Members of the Legislature to Include Appointed and Elected Members Sections 2 and 3. Repealed Section 4. General Election of State Section 5. Terms of Office of All Elected Officers Section 6. Transferred to Article III, section 30 Sections 7 and 8. Repealed Section 9. Repealed Section 10. Empty Section 11. Repealed Article XVIII: Term Limits on Congress Section 1. Statement of Intent Section 2. Instruction to Members of Congressional Delegation; Ballot Notation; When Section 3. Nonincumbent Candidates; Term Limits Pledge; Ballot Notation; When Section 4. Instruction to Members of the Legislature; Ballot Notation; When Section 5. Ballot Notation; Secretary of State; Duties; Appeal Section 6. Automatic Repeal; When Section 7. Legal Challenge; Jurisdiction Section 8. Severability Table of Cases Bibliography Index

Product Details

  • ISBN13: 9780803217928
  • Format: Paperback
  • Number Of Pages: 460
  • ID: 9780803217928
  • ISBN10: 0803217927

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