New Mexico Constitution

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

  • The current New Mexico Constitution was adopted in 1912.
  • New Mexico has had one state constitution since becoming a state.
  • The current state constitution has 24 articles.
  • The current New Mexico Constitution has been amended 178 times.[1]
  • Voters last approved three constitutional amendments to the New Mexico Constitution on November 8, 2022.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Features

The New Mexico Constitution contains a preamble followed by 24 articles.[2]

New Mexico does not have the statewide initiative process. However, New Mexico does have the popular referendum process.[3]

Background

New Mexico became the 47th state on January 6, 1912. Congress established New Mexico as a U.S. territory in 1850, however, New Mexico did not become a state until 1912.[4]

New Mexico held five constitutional conventions and drafted four constitutions in its history. The first constitution was ratified in 1850. Voters rejected drafted constitutions during the conventions held in 1872 and 1889. A constitutional convention was held in 1910 and was approved by the people on January 21, 1911. The constitution was approved in 1912 by both Congress and President Taft in 1912, and New Mexico became the 47th state. The Constitution of 1910 is still in effect today.[4]

Preamble

See also: Preamble, New Mexico Constitution and 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.[2]

Article I: Name and Boundaries

See also: Article I, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article II: Bill of Rights

See also: Article II, New Mexico Constitution

Article II of the New Mexico Constitution is entitled "Bill of Rights."

Click here to read this article of the New Mexico Constitution.

Article III: Distribution of Powers

See also: Article III, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article IV: Legislative Department

See also: Article IV, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article V: Executive Department

See also: Article V, New Mexico Constitution

Article V of the New Mexico Constitution is entitled "Executive Department" and consists of 17 sections.

Click here to read this article of the New Mexico Constitution.

Article VI: Judicial Department

See also: Article VI, New Mexico Constitution

Article VI of the New Mexico Constitution is entitled "Judicial Department."

Click here to read this article of the New Mexico Constitution.

Article VII: Elective Franchise

See also: Article VII, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article VIII: Taxation and Revenue

See also: Article VIII, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article IX: State, County and Municipal Indebtedness

See also: Article IX, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article X: County and Municipal Corporations

See also: Article X, New Mexico Constitution

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

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Article XI: Corporations Other than Municipal

See also: Article XI, New Mexico Constitution

Article XI of the New Mexico Constitution is entitled "Corporations Other Than Municipal" and consists of 20 sections, 13 of which have been repealed.

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Article XII: Education

See also: Article XII, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article XIII: Public Lands

See also: Article XIII, New Mexico Constitution

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

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Article XIV: Public Institutions

See also: Article XIV, New Mexico Constitution

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

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Article XV: Agriculture and Conservation

See also: Article XV, New Mexico Constitution

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

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Article XVI: Irrigation and Water Rights

See also: Article XVI, New Mexico Constitution

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

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Article XVII: Mines and Mining

See also: Article XVII, New Mexico Constitution

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

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Article XVIII: Militia

See also: Article XVIII, New Mexico Constitution

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

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Article XIX: Amendments

See also: Article XIX, New Mexico Constitution

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

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Article XX: Miscellaneous

See also: Article XX, New Mexico Constitution

Article XX of the New Mexico Constitution is entitled "Miscellaneous" and consists of 22 sections, one of which has been repealed.

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Article XXI: Compact with the United States

See also: Article XXI, New Mexico Constitution

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

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Article XXII: Schedule

See also: Article XXII, New Mexico Constitution

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

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Article XXIII: Intoxicating Liquors

See also: Article XXIII, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Article XXIV: Leases on State Land

See also: Article XXIV, New Mexico Constitution

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

Click here to read this article of the New Mexico Constitution.

Amending the constitution

See also: Article XIX, New Mexico Constitution and Amending state constitutions

The New Mexico Constitution provides two mechanisms for amending the state's constitution—a legislative process and a state constitutional convention.

Legislature

See also: Legislatively referred constitutional amendment

A simple majority vote is required during one legislative session for the New Mexico State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the New Mexico House of Representatives and 22 votes in the New Mexico State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

A two-thirds (66.67%) vote is required during one legislative session of the state legislature to place a constitutional convention question on the ballot. A convention is held if the question receives a simple majority of the vote. Voters must also ratify amendments proposed by the convention.


See also

State Constitutions Ballotpedia.png

External links

Footnotes

  1. According to Charles Smith (2011), the Constitution of 1912 had been amended 126 times between 1912 and 1995. Since 1995, voters have approved 52 additional constitutional amendments.
  2. 2.0 2.1 New Mexico SOS, "New Mexico Constitution," accessed March 30, 2014 (dead link)
  3. I and R Institute, "New Mexico," accessed March 30, 2014
  4. 4.0 4.1 Charles Smith (2011). The New Mexico State Constitution. New York, NY: Oxford University Press