Reply to Article
“Still Missed”published in
The Reno News and Review [no Date ot Issue
provided]
"Nevada Constitution Article 3, sec. 1"
Section 1. Three separate
departments; separation of powers; legislative review of administrative regulations.
1. The powers of the Government
of the State of Nevada shall be divided into three separate departments,—the
Legislative,—the Executive and the Judicial; and no persons charged with the exercise
of powers properly belonging to one of these departments shall exercise any functions,
appertaining to either of the others, except in the cases expressly directed or permitted
in this constitution.
I was disappointed in my friend Carol Cizauskas’ article
eulogizing former Sparks Assemblywoman Jan Evans.
Jan Evans’ legislative career in many ways illustrates exactly
what is wrong with politics today. It epitomizes an “end justifies the means”
philosophy that is more than willing to shred Constitutional restraints on government
based on a politics of envy, revenge, and misguided self righteousness.
Yes, Jan Evans may have been an effective log roller, a persistent
manipulator of government officials who fear the power of faddish ideas more than they are
willing to stand and fight for time honored principles, legislative restraint and common
sense. But, should she be a hero deserving of adulation? I would say no.
I was the Libertarian Party Candidate for her Seat, Assembly 30, in
1992 and 1994. Twice I filed contests of election against her for violation of the
Separation of Powers Clause of the Nevada Constitution. The First time, the Legislative
Counsel Bureau failed to notify me of the hearing in Carson City, denying me due process.
When I went to the Supreme Court, they denied me the right to a re- hearing as well. When
I filed the second time, I received a legislative hearing, during which the current
Speaker of the Assembly, Richard Perkins, said out loud: “The Constitution was all
right for Washington and Jefferson, but it really doesn’t apply today.” When I
went to District Court to have the Constitution enforced, a woman judge, relying on the
technical issue of a Supreme Court refusal to allow me a re-hearing, denied my suit.
In the last few years, this issue has resurfaced due to more
Constitutional abuse, this time over taxes. The Attorney General of Nevada has issued an
opinion that vindicates my original Contest of Election, that State Employees are enjoined
from keeping their employment and serving in the State Legislature. Many legislators have
resigned their State employment as a result, while others, like Senator Dina Titus, have
somehow (politics as usual?) continued to double dip.
I urge Carol to read the actual words of the Nevada Constitution.
It clearly states that “no persons charged with the exercise of powers properly
belonging to one of these departments shall exercise any functions, appertaining to either of the
others….” This is not what Carol wrote. Carol wrote “…the person must
be ‘charged with the exercise of powers’ of both branches”. (Emphasis
added).
I hope the Review Journal and Carol will read the Nevada
Constitution and issue a correction.