Garcia Thesis: There are substantial differences between the United States and Nevada Constitutions to include its length, how their judges interpret law, the powers of their leaders, their forms of democracy, their meeting mandates and their system of selecting judges. This paper discusses these differences as well as an important concern for Nevadans, the value of an intermediate court of appeals. In the latter we will note the attempts to establish a court of appeals as well where the issue stands now. I. Why the Nevada Constitution is lengthier and what that means for Nevada judges as they do their jobs of interpreting the state constitution compared to federal counterparts. The Nevada Constitution is lengthier than its federal counterpart primarily because it contains many more policy-oriented provisions, as well as provisions concerning the character, virtue and even morality of its people than that of the federal Constitution. There is also a distinguished difference in the separation or distribution of powers as the federal constitution does not mandate any particular arrangement of governmental powers in the states. Also, provisions involving individual rights in the federal Constitution have not been incorporated so as to apply to the states. Generally speaking, State constitutions perform different functions (generally limit plenary powers rather than grant enumerated powers), have different origins (from the people Garcia themselves), and have a different
In the United States, each of the fifty states has its own states constitution, which contains the same basic provisions as the United States Constitution; however, states constitution is generally more detailed than the national constitution.In the United States, each of the fifty states has its own states constitution, which contains the same basic provisions as the United States Constitution; however, states constitution is generally more detailed than the national constitution.In the United States, each of the fifty states has its own states constitution, which contains the same basic provisions as the United States Constitution; however, states constitution is generally more detailed than the national constitution.In the United States,
The Nevada constitution is the document that governs the citizens of the state of Nevada. In general, state constitutions are usually much longer than the United States constitution and Nevada’s constitution, which was sanctioned in 1864, is one of the state constitutions that fall into that category. When comparing the two, Nevada’s constitution is just short of being twice the length of the United States constitution, but Nevada is still shorter than the constitution of twenty-six other states. The reason Nevada’s constitution has such length is because of the in-depth parts it contains, which are protracted from the provisions of the United States constitution. The reason for Nevada’s constitution having such depth is because of the
First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state
In Nevada, in contrast, the State Supreme Court uses a “staggered” system in order to appoint their judges. The judges are selected not by presidential appointment but by “qualified electors of the State at the general election,” and are only allowed to hold their office for a limited period of years. Furthermore, the Chief Justice is only allowed to maintain their post for six years, thus reducing the opportunity to shape the direction of the state’s laws throughout the remainder of their lives.
The states have taken an entirely different route. They have opted to create statutory constitutions, rather than follow the liberal one that the federal government follows. This means that these documents limit the powers of government, rather than empower them as the U.S. Constitution does. Hence, their constitutions are far more extensive, detailing each aspect of the local government (O’Connor et al., 2011).
There are lots of similarities and differences between Iowa’s state Constitution and the united states Constitution. Some of the similarities are found in the structure of the Constitution, both have preambles and they both have articles. In the document structure there are differences. The states articles are much longer and they have many more than the US. Similarities and differences can also be found in the Government structure. Both the US and Iowa have three branches of government, they both also have bicameral legislators. Also having differences these include legislators have different names and jurisdiction in courts are different.
“The Constitution is the guide which I never will abandon,” is a famous quote from the first President of the United States, George Washington. An interesting fact about the Illinois and the Federal Constitution is how, Ilinois had 4 constitutions while the Federal government had only one constitution that can be amended. Another interesting fact is how the Federal Constitution has 4,543 words, while the Illinois Constitution has 34,362 words. The Illinois and the Federal Constitution have many similarities and differences, among the Legislative Branch, the lawmaking process, the Executive Branch, and the Judicial Branch.
If there were too many differences, then the branches of government would be very chaotic because a lack of structure between the state and federal government. In the United States Constitution and Nevada constitution it outlines three structures of the government. They are both setup in the same and is broken into three different parts, The Legislature Department, The Executive Department and The Judiciary Department. In addition, both constitutions are broken up into articles and each article explains a general topic, but most important they both state in the preamble “We the People...” (THE CONSTITUTION OF THE STATE OF NEVADA). This quote is significant because when the constitution is brought up, it is always the document of the people and the rights of the people. So it is important that no matter what, both constitutions had this quote within them. The United States Constitution and Nevada constitution don’t have significant differences because it reduces redundancy. The government for the citizens of Nevada is ran and structured the way they are today because of these two important
In conclusion, state law and federal law are very similar as, they are each meant to dictate a measure of safety for the citizens of the United States of America. According to the United States Constitution federal law, which is dictated, allows the federal government the power to make laws for the people and for the country as a whole. State laws are meant to allow each state to be allowed to govern them and handle the issues within their states. This power was given to them from the Bill of Rights that was also outlined in the Constitution (FindLaw, 2012).
State governments are set up through state constitution, which usually have four sections. These sections are the: preamble which states the purpose and that the authority of the government comes from the people. Another section is the bill or declaration of rights which includes many of the same rights as in the U.S. Constitution’s Bill of Rights. To expand on this the states constitution are different due to the fact that many voter initiatives take the form of a constitutional amendment. States constitution varies in length and sizes. In fact California's constitution is one of
The United States government system is very interesting and complexly designed. The state and federal government is a mirror of each other when it comes to the generics of the executive branch, legislative branch, and judicial branch, however, internally the state government has major differences on how the branches are conducted. Throughout this paper we will discuss the greatest difference between state and federal, which is the state cannot change or remove laws passed by the federal government but they could change how they execute the federal laws to their liking as long as it is constitutional.
The Constitution defines the separation of branches, accounts for checks and balances and division of power, and includes a Bill of Rights designed to protect individual rights from the Federal Government. Interestingly enough, the protection of individual rights were excluded from the United States Constitution originally, and only added later (Bowers. 1993). While having an extremely thorough and detailed Constitution has its benefits, it also leaves room for many different types of interpretations. The Judicial Branch court systems is a specific example of a detailed Constitution being constantly interpreted. Unlike the United States Constitution, the Nevada Constitution tends to be more specific regarding limitations on the powers of the state. Since state constitutions tend to be longer and thus more specific, judges have less room for interpretation as the state constitution, even in conformity with the United States Constitution, is more defined resulting from State Constitutions needing to cover more functions pertaining to state issues.
I found this unit to very interesting because although I knew that each state had its own constitution I did not realize some of the similarities and differences that they shared. It is important to understand your states constitution because we have more contact with state and local governments on a daily basis than we do with the federal government. Above I made this table that visually shows us the United States and Georgia Constitution so we can compare and contrast them. As we can see the United States Constitution has seven articles and was only ratified once in 1787, while the Georgia Constitution has eleven articles and had been ratified 10 times with the more recent in 1983. Looking at my table I bolded the similarities between the
The California and Federal judicial systems are very similar in how they are designed and how they function. California state courts are established and primarily obtain their power from the California State Constitution. This is similar to federal judicial system in that federal courts derive their power from the United States Constitution. The following paper will compare and contrast the extreme similarities between both judicial systems as well as some of the distinct differences.
If you try to compare the Articles with the new Constitution, you realize that the former was full of drawbacks, while the latter had answers to all these drawbacks. The Articles was subjected to severe criticism for the very fact that it centralized all the powers in the hands of state government, and left the national government with no major powers at all. As opposed to the unicameral system which was facilitated by the Articles of Confederation, the US Constitution introduced the bicameral system of governance, which was divided into the upper house and lower house. Yet another difference between the two was pertaining to the number of votes each state had. While the Articles had a provision of one vote for every single state irrespective of its size, the US Constitution had the provision of one vote per representative or senator.