New Mexico held its first constitutional convention in 1848, shortly after its annexation into the U.S. Following four more attempts over the next six decades,[1] the first document was successfully adopted by the Constitutional Convention of 1910; it was ratified by popular vote in November 5, 1911, and became effective upon admission to the union on January 6, 1912.[2]
The New Mexico Constitution has 24 Articles and has been amended more than 170 times as of 2021.[3] Conversely, the U.S. Constitution has seven Articles and has been amended only 27 times in 230 years, including the first ten amendments included as the Bill of Rights.
The constitution was drafted by 100 delegates elected by the people of New Mexico. Of the 100 delegates, there were 71 Republicans, 28 Democrats, and one socialist.[4] Worried that the conservative federal government would refuse to extend statehood to New Mexico, the Republican-control convention framed the constitution to be conservative and non-controversial.[2]
New Mexico Democrats did not agree with the contents of the constitution and fought the Republicans at each step.[2] The Democrats organized a separate party convention on December 19, 1910, and drafted thirteen objections to the constitution draft.[2] The Democrats were primarily concerned with the difficulty of the amendment process, the unequal distribution of the legislature, and the lack of provisions addressing recall votes.[2] However, their objections did not change the final proposed constitution draft that the people voted on. On January 21, 1911, the constitution was approved by the people with a three-to-one majority.[2] And on January 6, 1912, New Mexico was admitted to the Union.[5]
Constitutional Amendments
Flood amendment
As originally drafted and sent to the United States Congress, the New Mexico Constitution contained a number of limitations on the process for making amendments. These included:
a requirement of a two-thirds vote of the legislature in order to propose amendments,
that in addition to a bare majority, all amendments must be ratified by at least 40% of those voting in the election, with a 40%+ vote in at least half of the counties, and
a limitation on the total number of amendments that could be submitted to the people per election.
Congress was not sympathetic to these anti-populist provisions, and as a prerequisite to admission as a state required that the people ratify an amendment that would provide for a simple majority vote in the legislature, for ratification by simple majority vote of the people, and do away with the limitation on the total number of amendments. This prerequisite came to be known as the "Flood amendment" as it was proposed by Henry de la Warr Flood, a Democrat from Virginia, at the instigation of Summers Burkhart secretary of the New Mexico State Central Committee of the Democratic Party. The Flood amendment did permit two restrictions on the majority ratification, one for amendments to the elective franchise and the other for amendments to the protection of educational access of Spanish speakers or those of Spanish descent.
Between 1912 and 1969, the New Mexico constitution was amended 73 times.[2]
1969 Constitutional Convention
In 1967, the legislature decided that a new convention should be called to rewrite the entire constitution.[6] Voters approved of a constitutional convention on November 8, 1968.[6]
The convention occurred in one 60-day session in 1969 and had 70 delegates, one from each of New Mexico’s legislative districts.[6] Of the 70 delegates, there were 48 Democrats, 21 Republicans, and one independent.[7] The convention focused on condensing and streamlining the constitution. The final draft reduced the 1910 constitution from 24 articles and 24,000 words to 14 articles and 15,000 words.[2]
However, the voters rejected the new constitution by the narrow margin of 63,387 to 59,685.[2]
Current Constitution
The constitution current has twenty-four articles. The articles each deal with a separate area of governance.
Article I: Name and Boundaries
Article II: Bill of Rights
Article III: Distribution of Powers
Article IV: Legislative Department
Article V: Executive Department
Article VI: Judicial Department
Article VII: Elective Franchise
Article VIII: Taxation and Revenue
Article IX: State, County, and Municipal Indebtedness
Article II contains a bill of rights. Article IV sets up the legislature branch composed of no more than 42 members of the Senate and 70 members of the House of Representatives.[9] Article V creates the executive branch headed by a governor.[8] The branch consists of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and commissioner of public lands.[8] The judicial branch is created by Article VI and consists of the Supreme Court, a Court of Appeals, and District Courts.[8] Other court may be established.[8] The Supreme Court has five justices, who are elected for eight years.[8]
References
^Donnelly, Thomas C. "The Making of the New Mexico Constitution Part I." New Mexico Quarterly 11, 4 (1941).
^ abcdefghiSmith, Professor Charles E. (2011). The New Mexico State Constitution: The Oxford Commentaries on the State Constitutions of the United States. Oxford: Oxford University Press.
^"New Mexico Constitutional History – Constituting America". constitutingamerica.org. Retrieved 2023-04-28.
^Mabry, Thomas J. (1944). "New Mexico's Constitution in the Making—Reminiscences of 1910". New Mexico Historical Review.
^ abcEvans, Ernestine D (1969). New Mexico Constitutional Convention. New Mexico.
^Cline, Dorothy I. (1994). New Mexico Government. Albuquerque: University of New Mexico. ISBN0-8263-1508-9.
^ abcdef"Constitution of New Mexico - NMOneSource.com". nmonesource.com. Retrieved 2022-05-27.
^"New Mexico - Government and society | Britannica". www.britannica.com. Retrieved 2022-05-28.
External links
Wikisource has original text related to this article:
New Mexico Constitution
New Mexico Compilation Commission (2017). (PDF). Secretary of State of New Mexico. Archived from the original (PDF) on 31 October 2017. Retrieved 19 November 2017.
(in Spanish)
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constitution, mexico, constitution, state, mexico, spanish, constitución, estado, nuevo, méxico, document, governing, fundamental, political, framework, state, mexico, enumerating, rights, citizens, supreme, state, subordinate, only, united, states, constituti. The Constitution of the State of New Mexico Spanish Constitucion del Estado de Nuevo Mexico is the document governing the fundamental political framework of the U S state of New Mexico and enumerating the rights of its citizens It is the supreme law of the state and subordinate only to the United States Constitution Constitution of the State of New MexicoThe Great Seal of the State of New MexicoOverviewJurisdictionNew MexicoSubordinate toConstitution of the United StatesCreatedNovember 21 1910RatifiedNovember 5 1911Date effectiveJanuary 21 1911SystemSingle executiveGovernment structureBranches3ChambersTwo New Mexico Legislature New Mexico SenateNew Mexico House of RepresentativesExecutiveGovernor of New MexicoJudiciarySupreme Appeals TrialNew Mexico held its first constitutional convention in 1848 shortly after its annexation into the U S Following four more attempts over the next six decades 1 the first document was successfully adopted by the Constitutional Convention of 1910 it was ratified by popular vote in November 5 1911 and became effective upon admission to the union on January 6 1912 2 The New Mexico Constitution has 24 Articles and has been amended more than 170 times as of 2021 3 Conversely the U S Constitution has seven Articles and has been amended only 27 times in 230 years including the first ten amendments included as the Bill of Rights Contents 1 1910 Constitutional Convention 2 Constitutional Amendments 2 1 Flood amendment 3 1969 Constitutional Convention 4 Current Constitution 5 References 6 External links1910 Constitutional Convention EditThe constitution was drafted by 100 delegates elected by the people of New Mexico Of the 100 delegates there were 71 Republicans 28 Democrats and one socialist 4 Worried that the conservative federal government would refuse to extend statehood to New Mexico the Republican control convention framed the constitution to be conservative and non controversial 2 New Mexico Democrats did not agree with the contents of the constitution and fought the Republicans at each step 2 The Democrats organized a separate party convention on December 19 1910 and drafted thirteen objections to the constitution draft 2 The Democrats were primarily concerned with the difficulty of the amendment process the unequal distribution of the legislature and the lack of provisions addressing recall votes 2 However their objections did not change the final proposed constitution draft that the people voted on On January 21 1911 the constitution was approved by the people with a three to one majority 2 And on January 6 1912 New Mexico was admitted to the Union 5 Constitutional Amendments EditFlood amendment Edit As originally drafted and sent to the United States Congress the New Mexico Constitution contained a number of limitations on the process for making amendments These included a requirement of a two thirds vote of the legislature in order to propose amendments that in addition to a bare majority all amendments must be ratified by at least 40 of those voting in the election with a 40 vote in at least half of the counties and a limitation on the total number of amendments that could be submitted to the people per election Congress was not sympathetic to these anti populist provisions and as a prerequisite to admission as a state required that the people ratify an amendment that would provide for a simple majority vote in the legislature for ratification by simple majority vote of the people and do away with the limitation on the total number of amendments This prerequisite came to be known as the Flood amendment as it was proposed by Henry de la Warr Flood a Democrat from Virginia at the instigation of Summers Burkhart secretary of the New Mexico State Central Committee of the Democratic Party The Flood amendment did permit two restrictions on the majority ratification one for amendments to the elective franchise and the other for amendments to the protection of educational access of Spanish speakers or those of Spanish descent Between 1912 and 1969 the New Mexico constitution was amended 73 times 2 1969 Constitutional Convention EditIn 1967 the legislature decided that a new convention should be called to rewrite the entire constitution 6 Voters approved of a constitutional convention on November 8 1968 6 The convention occurred in one 60 day session in 1969 and had 70 delegates one from each of New Mexico s legislative districts 6 Of the 70 delegates there were 48 Democrats 21 Republicans and one independent 7 The convention focused on condensing and streamlining the constitution The final draft reduced the 1910 constitution from 24 articles and 24 000 words to 14 articles and 15 000 words 2 However the voters rejected the new constitution by the narrow margin of 63 387 to 59 685 2 Current Constitution EditThe constitution current has twenty four articles The articles each deal with a separate area of governance Article I Name and Boundaries Article II Bill of Rights Article III Distribution of Powers Article IV Legislative Department Article V Executive Department Article VI Judicial Department Article VII Elective Franchise Article VIII Taxation and Revenue Article IX State County and Municipal Indebtedness Article X County and Municipal Corporations Article XI Corporations Other than Municipal Article XII Education Article XIII Public Lands Article XIV Public Institutions Article XV Agriculture and Conservation Article XVI Irrigation and Water Rights Article XVII Mines and Mining Article XVIII Militia Article XIX Amendments Article XX Miscellaneous Article XXI Compact with the United States Article XXII Schedule Article XXIII Intoxicating Liquors Article XXIV Leases on State Land 8 Article II contains a bill of rights Article IV sets up the legislature branch composed of no more than 42 members of the Senate and 70 members of the House of Representatives 9 Article V creates the executive branch headed by a governor 8 The branch consists of a governor lieutenant governor secretary of state state auditor state treasurer attorney general and commissioner of public lands 8 The judicial branch is created by Article VI and consists of the Supreme Court a Court of Appeals and District Courts 8 Other court may be established 8 The Supreme Court has five justices who are elected for eight years 8 References Edit Donnelly Thomas C The Making of the New Mexico Constitution Part I New Mexico Quarterly 11 4 1941 a b c d e f g h i Smith Professor Charles E 2011 The New Mexico State Constitution The Oxford Commentaries on the State Constitutions of the United States Oxford Oxford University Press New Mexico Constitutional History Constituting America constitutingamerica org Retrieved 2023 04 28 Mabry Thomas J 1944 New Mexico s Constitution in the Making Reminiscences of 1910 New Mexico Historical Review New Mexico www senate gov a b c Evans Ernestine D 1969 New Mexico Constitutional Convention New Mexico Cline Dorothy I 1994 New Mexico Government Albuquerque University of New Mexico ISBN 0 8263 1508 9 a b c d e f Constitution of New Mexico NMOneSource com nmonesource com Retrieved 2022 05 27 New Mexico Government and society Britannica www britannica com Retrieved 2022 05 28 External links Edit Wikisource has original text related to this article New Mexico Constitution New Mexico Compilation Commission 2017 Constitution PDF Secretary of State of New Mexico Archived from the original PDF on 31 October 2017 Retrieved 19 November 2017 The Constitution of the State of New Mexico in Spanish This article relating to law in the United States or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Constitution of New Mexico amp oldid 1152264608, wikipedia, wiki, book, books, library,
