Article XVI, Nebraska Constitution

Nebraska Constitution
Preamble
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Article XVI of the Nebraska Constitution consists of two sections.

Article XVI lays out two methods of amending the state constitution, through a legislatively referred constitutional amendment and a constitutional convention. Section 1, Section 2 and Section 4 of Article III discuss how the constitution can be amended via an initiated constitutional amendment.

Section 1

Text of Section 1: How Proposed The Legislature may propose amendments to this Constitution. If the same be agreed to by three-fifths of the members elected to the Legislature, such proposed amendments shall be entered on the journal, with yeas and nays, and published once each week for three consecutive weeks, in at least one newspaper in each county, where a newspaper is published, immediately preceding the next election of members of the Legislature or a special election called by the vote of four-fifths of the members elected to the Legislature for the purpose of submitting such proposed amendments to the electors. At such election said amendments shall be submitted to the electors for approval or rejection upon a ballot separate from that upon which the names of candidates appear. If a majority of the electors voting on any such amendment adopt the same, it shall become a part of this Constitution, provided the votes cast in favor of such amendment shall not be less than thirty-five per cent of the total votes cast at such election. When two or more amendments are submitted at the same election, they shall be so submitted as to enable the electors to vote on each amendment separately.

Amendments

• Amended in 1920 by Constitutional Convention, 1919-1920, No. 39.
• Transferred by Constitutional Convention, 1919-1920, art. XVI, sec. 1.
• Amended in 1952, Laws 1951, c. 161, sec. 1, p. 638.
• Amended in 1968, Laws 1967, c. 317, sec. 1, p. 848.

Annotations

• Section 2 and Section 4 of Article III of the Nebraska Constitution lay out some procedural requirements that must be met before a law initiated by a petition becomes part of the statutory law of Nebraska or a part of the Nebraska Constitution.

Key lawsuits

• Omaha National Bank v. Spire, 223 Neb. 209, 389 N.W.2d 269 (1986).
• Cunningham v. Exon, 207 Neb. 513, 300 N.W.2d 6 (1980).
• Swanson v. State, 132 Neb. 82, 271 N.W. 264 (1937).
• State ex rel. Hall v. Cline, 118 Neb. 150, 224 N.W. 6 (1929).
• Sandell v. City of Omaha, 115 Neb. 861, 215 N.W. 135 (1927).
• State ex rel. Oldham v. Dean, 84 Neb. 344, 121 N.W. 719 (1909).
• State ex rel. Thompson v. Winnett, 78 Neb. 379, 110 N.W. 1113 (1907).
• Weston v. Ryan, 70 Neb. 211, 97 N.W. 347 (1903).

Section 2

Text of Section 2: Convention When three-fifths of the members elected to the Legislature deem it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election of members of the Legislature, for or against a convention, and if a majority of the electors voting on the proposition, vote for a convention, the Legislature shall, at its next session provide by law for calling the same; Provided, the votes cast in favor of calling a convention shall not be less than thirty-five per cent of the total votes cast at such election. The convention shall consist of not more than one hundred members, the exact number to be determined by the Legislature, and to be nominated and elected from districts in the manner to be prescribed by the Legislature. Such members shall meet within three months after their election, for the purpose aforesaid. No amendment or change of this constitution, agreed upon by such convention, shall take effect until the same has been submitted to the electors of the state, and adopted by a majority of those voting for and against the same.

Amendments

• Transferred by Constitutional Convention, 1919-1920, art. XVI, sec. 2.
• Amended in 1952, Laws 1951, c. 162, sec. 1, p. 640.

Key lawsuits

• Baker v. Moorhead, 103 Neb. 811, 174 N.W. 430 (1919).

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Nebraska State Legislature, "Nebraska Constitution"

Additional reading

• Miewald, Robert D., and Peter J. Longo, Anthony B. Schutz, Robert M. Spire, John M. Gradwohl. (2010). The Nebraska State Constitution: A Reference Guide, Omaha, Nebraska: University of Nebraska Press
• Miewald, Robert D. and Professor Peter J. Longo. (2011). The Nebraska State Constitution, New York, New York: Oxford University Press
• Lobingier, Charles Sumner. "Some Original and Peculiar Features in the Nebraska Constitution" in the Annals of the American Academy of Political and Social Science, Vol. 15, May, 1900, pp. 121-125