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Oxford Law Citator
Part One The History and Development of the New Mexico Constitution
The History and Development of the New Mexico Constitution
Acquisition Period, 1846–1853
The Kearny Code
The 1850 Constitution
Territorial Period, 1850–1910
The 1872 Constitution
The 1889 Constitution
Drafting and Ratifying the 1910 Constitution
Ratification and Statehood
Calls for Constitutional Reform
The 1969 Constitutional Convention
Reform by Piecemeal Amendment
The Constitution Today
Part Two The New Mexico Constitution and Commentary
The New Mexico Constitution and Commentary
Art.I Name and Boundaries
Art.II Bill of Rights
s.1 Supreme Law of the Land.
s.2 Popular Sovereignty.
s.3 Right of Self-Government.
s.4 Inherent Rights.
s.5 Rights Under Treaty of Guadalupe Hidalgo Preserved.
s.6 Right to Bear Arms.
s.7 Habeas Corpus.
s.8 Freedom of Elections.
s.9 Military Power Subordinate; Quartering of Soldiers.
s.10 Searches and Seizures.
No Good Faith Exception
s.11 Freedom of Religion.
s.12 Trial by Jury; Less Than Unanimous Verdicts in Civil Cases.
s.13 Bail; Excessive Fines; Cruel and Unusual Punishment.
s.14 Indictment and Information; Grand Juries; Rights of Accused.
Indictment and Information
Right to Counsel
Other Due Process Rights
s.15 Self-Incrimination; Double Jeopardy.
Protection from Self-incrimination
s.17 Freedom of Speech and Press; Libel.
s.18 Due Process; Equal Protection; Sex Discrimination.
s.19 Retroactive Laws; Bills of Attainder; Impairment of Contracts.
s.20 Eminent Domain.
s.21 Imprisonment for Debt.
s.22 Alien Landownership.
s.23 Reserved Rights.
s.24 Crime Victims’ Rights.
Art.III Distribution of Powers
s.1 Separation of Departments.
Art.IV Legislative Department
Sections of this Article
s.1 Vesting of Legislative Power; Location of Sessions; Referendum on Legislation.
s.2 Powers Generally; Disaster Emergency Procedure.
s.3 Number and Qualifications of Members; Single-Member Districts; Reapportionment.
s.4 Terms of Office of Members; Time of Election; Filling of Vacancies.
s.5 Time and Length of Sessions; Items Considered in Even-Numbered Years.
s.6 Special Session; Extraordinary Session.
s.7 Judge of Election and Qualifications of Members; Quorum.
s.8 Call to Order; Presiding Officers.
s.9 Selection and Compensation of Officers and Employees.
s.10 Compensation of Members.
s.11 Rules of Procedure; Contempt or Disorderly Conduct; Expulsion of Members.
s.12 Public Sessions; Journals.
s.13 Privileges and Immunities.
s.15 Laws to be Passed by Bill; Alteration of Bill; Enacting Clause; Printing and Reading of Bill.
s.16 Subject of Bill in Title; Appropriation Bills.
s.17 Passage of Bills.
s.18 Amendment of Statutes.
s.19 Introduction of Bills.
s.20 Enrollment, Engrossment and Signing of Bills.
s.21 Alteration or Theft of Bill.
s.22 Governor’s Approval or Veto of Bills.
s.23 Effective Date of Law; Emergency Acts.
s.24 Local or Special Laws.
s.25 Validating Unauthorized Official Acts; Fines Against Officers, etc.
s.26 Grant of Franchise or Privilege.
s.27 Extra or Increased Compensation for Officers, Contractors, etc.
s.28 Appointment of Present and Former Legislators to Office; Interest of Legislators in Contracts.
s.29 Laws Creating Debts.
s.30 Payments from Treasury to be Upon Appropriations and Warrant.
s.31 Appropriations for Charitable, Educational, etc., Purposes.
s.32 Remission of Debts Due State or Municipalities.
s.33 Prosecutions Under Repealed Laws.
s.34 Change of Rights or Procedure in Pending Cases.
s.35 Power and Procedure for Impeachment and Trial.
s.36 Officers Subject to Impeachment.
s.37 Railroad Passes.
s.39 “Bribery” and “Solicitation” Defined.
s.40 Penalty for Bribery.
s.41 Compelling Testimony in Bribery Cases.
s.42 Hearings on Confirmation of Gubernatorial Appointments.
Failed Proposed Amendments to this Article
Art.V Executive Department
s.1 Composition of Department; Terms of Office of Members; Residing and Maintaining Records at Seat of Government.
s.2 Canvass of Elections; Tie Votes.
s.3 Qualifications of Executive Officers.
s.4 Governor’s Executive Power; Commander of Militia.
s.5 Governor’s Appointive and Removal Power; Interim Appointees.
s.6 Governor’s Power to Pardon and Reprieve.
s.7 Succession to Governorship.
s.8 Lieutenant Governor to be President of Senate.
s.9 Public Accounts and Reports.
s.10 State Seal.
s.12 Compensation of Executive Officers.
s.13 Residence of Public Officers.
s.14 State Highway Commission.
Art.VI Judicial Department
s.1 Judicial Power Vested.
s.2 Supreme Court; Appellate Jurisdiction.
s.3 Supreme Court; Original Jurisdiction; Supervisory Control; Extraordinary Writs.
s.4 Supreme Court; Number, Term and Election of Justices; Chief Justice.
s.5 Supreme Court; Quorum; Majority Concurring in Judgments.
s.6 Supreme Court; Absent or Disqualified Justice.
s.7 Supreme Court; Terms, Sessions and Recesses.
s.8 Supreme Court; Qualifications of Justices.
s.9 Supreme Court; Officers.
s.10 Supreme Court; Additional Justices.
s.11 Supreme Court; Salary of Justices.
s.12 Judicial Districts; Election and Terms of District Judges.
s.13 District Courts; Jurisdiction and Terms.
s.14 District Court; Qualifications and Residence Requirement of Judges.
s.15 District Court; Judges Pro Tempore.
s.16 District Court; Additional Judges; Redistricting.
s.17 District Court; Judges’ Compensation.
s.18 Disqualification of Judges or Magistrates.
s.19 Ineligibility of Justices or Judges for Non-Judicial Offices.
s.20 Style of Writs and Processes.
s.21 Judges as Conservators of the Peace; Preliminary Examinations in Criminal Cases.
s.22 County Clerk as District and Probate Court Clerk.
s.23 Probate Court.
s.24 District Attorneys.
s.25 Judicial Districts Designated; New Counties to be Allocated to Districts.
s.26 Magistrate Court.
s.27 Appeals from Probate Courts and Other Inferior Courts.
s.28 Court of Appeals; Number, Qualifications, Compensation, Terms and Election of Judges; Quorum; Majority Concurring in Judgment.
s.29 Court of Appeals; Jurisdiction; Issuance of Writs.
s.30 Fees Collected by Judiciary Paid to State Treasury.
s.31 Justices of the Peace Abolished.
s.32 Judicial Standards Commission.
s.33 Retention or Rejection at General Election.
s.34 Vacancies in Office; Date for Filing Declaration of Candidacy.
s.35 Appellate Judges Nominating Commission.
s.36 District Court Judges Nominating Committee.
s.37 Metropolitan Court Judges Nominating Committee.
s.38 Chief Judge of District and Metropolitan Court Districts.
Art.VII Elective Franchise
s.1 Qualifications of Voters; Absentee Voting; School Elections; Registration.
s.2 Qualifications for Holding Office.
s.3 Religious and Racial Equality Protected; Restrictions on Amendments.
s.5 Election by Ballot; Plurality Elects Candidate.
Art.VIII Taxation and Revenue
s.1 Levy to be Proportionate to Value; Uniform and Equal Taxes; Percentage of Value Taxed.
s.2 Property Tax Limits; Exception.
s.3 Tax-Exempt Property.
s.4 Misuse and Deposit of Public Money.
s.5 Head of Family and Veteran Exemptions.
s.6 Assessment of Lands.
s.7 Judgments Against Local Officials.
s.8 Exemption of Certain Personalty in Transit Through The State.
s.9 Elected Governing Authority Prerequisite to Levy of Tax.
s.10 Severance Tax Permanent Fund.
s.12, 13 [Rejected]
Art.IX State, County, and Municipal Indebtedness
s.1 Debts of Territory and its Counties Assumed.
s.2 Payment of County Debts by Another County.
s.3 State Refunding Bonds for Assumed Debts.
s.4 Sale of Lands for Certain Bond Payments.
s.5 Remission of County Debts to State Prohibited.
s.6 Militia Warrants.
s.7 State Indebtedness; Purposes.
s.8 State Indebtedness; Restrictions.
s.9 Use of Borrowed Funds.
s.10 County Indebtedness; Restrictions.
s.11 School District Indebtedness; Restrictions.
s.12 Municipal Indebtedness; Restrictions.
s.13 County and Municipal Debt Limit; Exceptions.
s.14 Aid to Private Enterprise; Veterans’ Scholarship Program; Student Loans.
s.15 State and Local Refunding Bonds.
s.16 State Highway Bonds.
Art.X County and Municipal Corporations
s.1 Classification of Counties; Salaries and Fees of County Officers.
s.2 Terms of County Officers.
s.3 Removal of County Seats.
s.4 Combined City and County Corporations.
s.5 Incorporated Counties.
s.6 Municipal Home Rule.
s.7 Five-Member Boards of County Commissioners.
s.8 New Activity or Service Mandated by State Rule or Regulation.
Art.XI Corporations Other than Municipal
s.1 Creation and Composition of State Corporation Commission.
s.2 Election and Terms of Corporation Commissioners.
s.3 Disqualifications for Corporation Commissioners.
s.4 Officers, Assistants, Procedure and Attorney of Corporation Commission.
s.5 Quarters, Expenses and Salaries of Corporation Commission.
s.6 General Duties of Corporation Commission.
s.7 Powers of Corporation Commission Over Carriers; Duties of Supreme Court.
s.8 Hearings Before Corporation Commission.
s.9 Interstate Carrier Rates.
s.10 Basis for Transportation and Transmission Rates.
s.11 Records and Reports of Carriers.
s.12 Acceptance of Constitution by Corporations.
s.13 General Corporation Laws.
s.14 Corporations Subject To Police Power.
s.15 Cooperation Between Carriers.
s.16 Cooperation Between Transmission Corporations.
s.17 Construction, Intersections and Connections of Railroads.
s.18 Eminent Domain of Corporate Property.
s.1 Free Public Schools.
s.2 Permanent School Fund.
s.3 Control of Constitutional Educational Institutions; Use of State Land Proceeds and Other Educational Funds.
s.4 Current School Fund.
s.5 Compulsory School Attendance.
s.6 State Department of Public Education; State Board of Education.
s.7 Investment of Permanent School Fund.
s.8 Teachers to Learn English and Spanish.
s.9 Religious Tests in Schools.
s.10 Educational Rights of Children of Spanish Descent.
s.11 State Educational Institutions.
s.12 Acceptance and Use of Enabling Act Educational Grants.
s.13 Boards of Regents for Educational Institutions.
s.14 Recall of Local School Board Members.
s.15 Local School Boards Having Seven Single-Member Districts.
Art.XIII Public Lands
s.1 Disposition of State Lands.
s.2 Duties of Land Commissioner.
s.3 Patents for Public Lands.
Art.XIV Public Institutions
s.1 State Institutions.
s.2 Federal Land Grants and Donations.
s.3 Control and Management.
Art.XV Agriculture and Conservation
s.1 Department of Agriculture.
s.2 Forest Fire Prevention.
Art.XVI Irrigation and Water Rights
s.1 Existing Water Rights Confirmed.
s.2 Appropriation of Water.
s.3 Beneficial Use of Water.
s.4 Drainage Districts and Systems.
s.5 Appeals in Matters Relating to Water Rights.
Art.XVII Mines and Mining
s.1 Inspector of Mines.
s.2 Mining Regulations; Employment of Children Under Fourteen.
s.1 Composition, Name and Commander in Chief of Militia.
s.2 Organization, Discipline and Equipment of Militia.
s.1 Proposing and Ratifying Amendments.
s.2 Constitutional Conventions.
s.3 Initiative Restricted.
s.4 Amendment of Compact With United States.
s.5 Revision of Amendment Provision Restricted.
s.1 Oath of Office.
s.2 Tenure of Office.
s.3 Date Terms of Office Begin.
s.4 Vacancies in Offices of District Attorney or County Commissioner.
s.5 Interim Appointments.
s.6 Date of General Elections.
s.7 Canvass of Returns for Officers Elected by More Than One County.
s.8 First National Election.
s.9 State Officers Limited to Salaries.
s.10 Child Labor.
s.11 Women as Public Officers.
s.12 Publication of Laws in English and Spanish.
s.13 Sacramental Wines.
s.14 Public Officers Barred from Using Railroad Passes.
s.15 Penitentiary to be Reformatory and Industrial School; Labor by Inmates.
s.16 Railroad’s Liability to Employees.
s.17 Uniform System of Textbooks for Public Schools—Repealed on November 2, 1971.
s.18 Leasing of Convict Labor Prohibited.
s.19 Eight-Hour Day in Public Employment.
s.20 Waiver of Indictment; Proceedings on Information.
s.21 Pollution Control.
s.22 [Not Certified]
Art.XXI Compact with the United States
s.1 Religious Toleration; Polygamy.
s.2 Control of Unappropriated or Indian Lands; Taxation of Federal Government, Nonresident and Indian Property.
Jurisdiction over Indians
The Taxation of Indians
s.3 Assumption of Territorial Debts.
s.4 Public Schools.
s.7 Reclamation Projects.
s.8 Allotted Indian Lands Subject to Federal Liquor Control.
s.9 Consent to Enabling Act Provisions.
s.10 Compact Irrevocable.
s.11 Consent to Exchange of Lands.
s.12 [Not Ratified]
s.1 Effective Date of Constitution.
s.2 Federal Employers’ Liability Act.
s.3 Federal Mining Inspection Act.
s.4 Territorial Laws.
s.5 Pardons for Violation of Territorial Laws.
s.6 Territorial Property Vested in State.
s.7 Obligations Due Territory or Subdivision.
s.8 Territorial Judicial Process and Proceedings.
s.9 Territorial Courts and Offices; Seals.
s.10 Pending Actions.
s.11 Execution and Deposit of Constitution.
s.12 Territorial Obligations; Names of Political Subdivisions.
s.13 Election to Ratify Constitution.
s.14 Ballots for Ratifying Constitution.
s.15 Canvass of Ratification Election Returns.
s.16 Submission of Constitution to President and Congress.
s.17 Proclamation for First Election of Officers.
s.18 Conduct of First State Election; Certification of Results to President.
s.19 First State Officers.
s.20 First Legislative Session; Oaths of Members; Election of United States Senators.
s.21 Supplementary Legislation.
s.22 Terms of First Officers.
Art.XXIII Intoxicating Liquors
Article XXIII is Repealed.
Art.XXIV Leases on State Land
s.1 Contracts for the Development and Production of Minerals or Development and Operation of Geothermal Steam and Waters on State Lands.
Table of Cases
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The New Mexico State Constitution
Charles E. Smith
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
15 April 2011