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New Mexico Constitution

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New Mexico Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXXXXIXXIIXXIIIXXIV
The Constitution of the State of New Mexico is the fundamental document governing the state of New Mexico.

Features

The New Mexico Constitution contains a preamble followed by 24 sections.[1]

New Mexico does not have the statewide initiative process. However, New Mexico does have the popular referendum process.[2]

Preamble

See also: Preambles to state constitutions

The preamble of the New Mexico Constitution states:

We, the people of New Mexico, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state government, do ordain and establish this constitution.[1]

Article I: Name and Boundaries

Article I of the New Mexico Constitution is entitled "Name and Boundaries" and consists of one section.

Article II: Bill of Rights

Article II of the New Mexico Constitution is entitled "Bill of Rights" and consists of 24 sections.

Article III: Distribution of Powers

Article III of the New Mexico Constitution is entitled "Distribution of Powers" and consists of one section.

Article IV: Legislative Department

Article IV of the New Mexico Constitution is entitled "Legislative Department" and consists of 42 sections.

Article V: Executive Department

Article V of the New Mexico Constitution is entitled "Executive Department" and consists of 16 sections.

Article VI: Judicial Department

Article VI of the New Mexico Constitution is entitled "Judicial Department" and consists of 39 sections.

Article VII: Elective Franchise

Article VII of the New Mexico Constitution is entitled "Elective Franchise" and consists of six sections.

Article VIII: Taxation and Revenue

Article VIII of the New Mexico Constitution is entitled "Taxation and Revenue" and consists of 15 sections.

Article IX: State, County and Municipal Indebtedness

Article IX of the New Mexico Constitution is entitled "State, County and Municipal Indebtedness" and consists of 16 sections.

Article X: County and Municipal Corporations

Article X of the New Mexico Constitution is entitled "County and Municipal Corporations" and consists of eleven sections.

Article XI: Corporations Other than Municipal

Article XI of the New Mexico Constitution is entitled "Corporations Other Than Municipal" and consists of 18 sections, the majority having been repealed.

Article XII: Education

Article XII of the New Mexico Constitution is entitled "Education" and consists of 15 sections.

Article XIII: Public Lands

Article XIII of the New Mexico Constitution is entitled "Public Lands" and consists of three sections.

Article XIV: Public Institutions

Article XIV of the New Mexico Constitution is entitled "Public Institutions" and consists of three sections.

Article XV: Agriculture and Conservation

Article XV of the New Mexico Constitution is entitled "Agriculture and Conservation" and consists of two sections.

Article XVI: Irrigation and Water Rights

Article XVI of the New Mexico Constitution is entitled "Irrigation and Water Rights" and consists of six sections.

Article XVII: Mines and Mining

Article XVII of the New Mexico Constitution is entitled "Mines and Mining" and consists of two sections.

Article XVIII: Militia

Article XVIII of the New Mexico Constitution is entitled "Militia" and consists of two sections.

Article XIX: Amendments

Article XIX of the New Mexico Constitution is entitled "Amendments" and consists of five sections.

Article XX: Miscellaneous

Article XX of the New Mexico Constitution is entitled "Miscellaneous" and consists of 22 sections.

Article XXI: Compact with the United States

Article XXI of the New Mexico Constitution is entitled "Compact with the United States" and consists of 11 sections.

Article XXII: Schedule

Article XXII of the New Mexico Constitution is entitled "Schedule" and consists of 22 sections.

Article XXIII: Intoxicating Liquors

Article XXIII of the New Mexico Constitution is entitled "Intoxicating Liquors." It has been repealed.

Article XXIV: Leases on State Land

Article XXIV of the New Mexico Constitution is entitled "Leases on State Land" and consists of a single section.

Amending the constitution

See also: Article XIX, New Mexico Constitution

The New Mexico Constitution can be amended through a legislatively-referred constitutional amendment or through a constitutional convention.

Rules regarding legislatively-referred constitutional amendments are:

  • They can be proposed in either house of the New Mexico State Legislature.
  • If a majority of all members elected to each of the two houses voting separately votes in favor thereof, the proposed amendment or amendments shall be entered on their respective journals with the yeas and nays thereon.
  • An amendment or amendments may also be proposed by an independent commission established by law for that purpose, and the amendment or amendments shall be submitted to the legislature for its review in accordance with the provisions of this section.
  • Notification that a proposed amendment will be on the ballot must be published in each county in the state and in both English and Spanish when newspapers in both languages are published in a particular county.
  • When the state legislature votes to put a proposed amendment on the ballot, it is allowed to call a special election for that purpose.
  • A simple majority vote of the statewide electorate is required to ratify an amendment.

There is an unusual subject-matter restriction on the right of the state legislature to propose an amendment:

  • Amendments proposed by the legislature cannot "restrict the rights created by Section 1 or Section 3 of Article VII or Section 8 and Section 10 of Article XII "unless it be proposed by vote of three-fourths of the members elected to each house and be ratified by a vote of the people of this state in an election at which at least three-fourths of the electors voting on the amendment vote in favor of that amendment."

The New Mexico State Legislature can put a constitutional convention question on the statewide ballot by a two-thirds vote of the members elected to each house.

Finally, although the New Mexico Constitution does not allow for initiated constitutional amendments, it contains a provision that pre-emptively limits what such amendments could do, if the citizens of the state ever were accorded that right, saying "If this constitution be in any way so amended as to allow laws to be enacted by direct vote of the electors the laws which may be so enacted shall be only such as might be enacted by the legislature under the provisions of this constitution."

History

On June 20, 1910, President William H. Taft authorized the New Mexico territory to hold a constitutional convention in preparation for being admitted to the nation as a state. On October 3, 1910, convention delegates elected convened at Sante Fe and drafted a constitution, which was approved by voters on January 21, 1911. New Mexico became the 47th state when Taft signed a proclamation admitting the state into the union.[3]

See also

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External links

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