Nebraska State Constitution Article I-26

Article I-26


Powers retained by people.

This enumeration of rights shall not be construed to impair or deny others, retained by the people, and all powers not herein delegated, remain with the people.


  • Neb. Const. art. I, sec. 26 (1875).


L.B. 1003, Eighty-second Legislature, First Session, sections 23-2601 to 23-2612 does not contravene this section. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).

A state agency may not, by invoking the doctrine of police power, exercise powers not granted it by and inconsistent with provisions of the state Constitution. First Trust Co. of Lincoln v. Smith, 134 Neb. 84, 277 N.W. 762 (1938).

This section is characteristic of republican form of government and distinguishes such government from monarchy or oligarchy. State ex rel. Harte v. Moorhead, 99 Neb. 527, 156 N.W. 1067 (1916).

This section removes all doubt that powers other than those specified in bill of rights were retained by the people, and any act in violation of such rights is as clearly invalid as though same had been expressly prohibited by fundamental law. State ex rel. Smyth, Attorney General v. Moores, 55 Neb. 480, 76 N.W. 175 (1898), overruled in Redell v. Moores, 63 Neb. 219, 88 N.W. 243 (1901).

Police power is one of the powers which has been reserved by the people of the state, and which cannot be surrendered. Chicago, B. & Q. R. R. Co. v. State ex rel. City of Omaha, 47 Neb. 549, 66 N.W. 624 (1896).