Isabella Carter
The New Mexico Constitution has been amended 182 times since its ratification in 1912, reflecting the ongoing work of generations of New Mexicans. The process of proposing a constitutional amendment begins with the legislature, which must pass a proposed amendment by a simple majority in both houses. The proposed amendment is then sent to voters for ratification, with most amendments requiring only a simple majority vote. Certain provisions, such as those concerning the civil rights of Spanish-speaking citizens, require a three-fourths supermajority to be amended. Additionally, there are two other methods for revising the constitution: calling a constitutional convention, which requires a two-thirds majority in the legislature and a simple majority of voters, and the creation of an independent commission authorised to propose amendments, which was added by voters in 1996.
| Characteristics | Values |
|---|---|
| Number of amendments since 1910 | More than 170 |
| Number of amendments since 1912 | 182 |
| Method 1 | Legislature passes a proposed constitutional amendment by a simple majority in both houses, then sent to voters for ratification |
| Method 2 | Calling a convention with a two-thirds majority vote in both houses of the legislature and a simple majority of voters |
| Method 3 | Legislature creates an independent commission to propose amendments separately or as a single ballot question |
| Voter qualifications amendment requirement | Three-fourths supermajority |
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What You'll Learn
Gaining a simple majority in both houses
To propose a constitutional amendment in New Mexico, gaining a simple majority in both houses of the state legislature is the first step. This involves presenting and debating the proposed amendment before each chamber of the legislature, which consists of the House of Representatives and the Senate. Each chamber will have its own rules and procedures for introducing and debating legislation, so it is essential to familiarise yourself with these processes.
The specific steps for bringing a proposed amendment before each chamber may vary, but generally, it will involve introducing the amendment as a bill, which may be done by a single legislator or a group of legislators. The bill will then be assigned a number and referred to the appropriate committee for consideration. The committee stage is crucial, as it allows for a detailed examination of the proposed amendment, public input, and potential revisions. Committees may hold hearings and invite experts, stakeholders, and members of the public to provide testimony and input on the amendment.
After the committee stage, the proposed amendment will go before the full chamber for debate and a vote. This is where the lobbying and advocacy efforts come into play, as legislators will discuss and debate the merits of the amendment, and ultimately, a vote will be called. Gaining a simple majority in both chambers is crucial, as it indicates the support of the legislature for the proposed amendment and allows the process to move forward.
In the case of New Mexico, the process for proposing a constitutional amendment appears to be slightly different from other states. While the specific rules and procedures may vary, the fundamental principle of gaining a simple majority in both houses remains the same. This step is essential to ensure that the proposed amendment has the backing of the legislature and can progress to the next stage, which involves putting the amendment before the voters of New Mexico for ratification.
It is worth noting that, while a simple majority is generally required to propose an amendment, certain provisions within the New Mexico Constitution require a higher threshold for amendment. These provisions, relating to civil rights and voter qualifications, were intentionally made more challenging to amend by the framers of the constitution to ensure their protection. Therefore, when proposing an amendment that touches on these areas, a three-fourths supermajority may be necessary.
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Ratification by voters
The process of proposing a constitutional amendment in New Mexico involves several steps, and one critical aspect is "Ratification by voters". This stage occurs after the legislature has passed a proposed constitutional amendment, which must first gain a simple majority in both houses.
During the "Ratification by voters" phase, the proposed amendment is put before the voters of New Mexico for their approval. Generally, only a simple majority of voter support is required for the amendment to be ratified. However, it's important to note that the constitution's framers specifically protected certain provisions, such as those pertaining to the civil rights of Spanish-speaking New Mexican citizens. As a result, amendments to these designated provisions require a higher threshold of support, specifically a three-fourths supermajority, to be amended.
The process of amending the constitution in New Mexico also allows for the calling of a constitutional convention. This mechanism requires a two-thirds majority vote in both houses of the legislature and the support of a simple majority of voters. Any amendments or revisions that arise from such a convention must also be approved by the voters. Interestingly, only one constitutional convention has been convened since New Mexico achieved statehood.
In 1996, New Mexico voters added a third method for revising the state constitution. This method authorises the legislature to establish an independent commission with the power to propose amendments. These amendments can be presented to the voters as separate issues or grouped together as a single ballot question. This process underscores the active role that New Mexico voters play in shaping and evolving their state's constitution.
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Calling a convention
The process of calling a convention is the second method for proposing amendments to the New Mexico Constitution. This method requires a two-thirds majority vote in both houses of the state legislature as well as a simple majority vote of the people of New Mexico. This is a higher threshold than the simple majority in both houses of the legislature that is required to propose an amendment through the first method.
The convention method has only been used once since New Mexico became a state. The first step is to achieve the required majority in the legislature and among voters. The next step is for the convention to propose amendments or revisions, which must then be approved by the voters.
The third method for revising the constitution was added by voters in 1996. This method allows the legislature to create an independent commission to propose amendments, either separately or grouped as a single ballot question.
The first method for proposing amendments is the most common. After a proposed amendment is passed by a simple majority in both houses of the legislature, it is sent to the voters for ratification. Most proposed amendments only require a simple majority to be ratified, but certain provisions require a three-fourths supermajority because they concern the civil rights of Spanish-speaking New Mexican citizens.
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Amendments proposed by an independent commission
The New Mexico Constitution has been amended over 170 times since its ratification in 1912, reflecting the ongoing work of generations of New Mexicans. One method for proposing amendments is through an independent commission.
In 1996, New Mexico voters approved a measure that authorises the legislature to establish an independent commission to propose constitutional amendments. This commission can put forward amendments separately or group them as a single ballot question. This process provides an alternative to the traditional methods of amending the constitution, which involve the legislature or a constitutional convention.
To initiate the process, the independent commission must be formed and convened. The commission typically comprises a diverse group of individuals, including legal experts, community leaders, and representatives from various sectors or demographics. The commission members are responsible for thoroughly reviewing and discussing the proposed amendment(s). This includes examining the potential impacts, implications, and benefits of the amendment(s) on the state and its citizens.
The commission may hold public hearings, consult with experts, and seek input from stakeholders to gather a wide range of perspectives. This collaborative process ensures that the proposed amendment(s) are thoroughly vetted and reflect the interests and values of New Mexico's diverse population. The commission may also work with legislators or legal drafters to ensure that the proposed amendment(s) are legally sound and conform to the state's constitutional framework.
Once the commission finalises the proposed amendment(s), they are submitted to the legislature for consideration. The legislature plays a crucial role in reviewing and approving the proposed amendment(s) before they can be put to a vote. The legislature's involvement adds a layer of scrutiny and ensures that the amendment(s) align with the state's legislative priorities and current laws. The legislature may also provide feedback and suggest modifications to the commission's proposals.
The final step in the process is putting the proposed amendment(s) to a vote. Depending on the nature of the amendment(s), it may require a simple majority or a three-fourths supermajority for ratification. This vote typically occurs during a general election, allowing the people of New Mexico to have their say in approving or rejecting the proposed changes to their constitution.
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Provisions requiring a three-fourths supermajority
The New Mexico Constitution has been amended 182 times since its ratification in 1912. This reflects the ongoing work of generations of New Mexicans, who have sought to advance their values and interests.
To amend the constitution, the process typically begins with the legislature. A proposed constitutional amendment must first pass by a simple majority in both houses. The proposed amendment is then sent to voters for ratification, and generally, only a simple majority vote is required.
However, the framers of the constitution recognized the importance of protecting certain civil rights, particularly those of Spanish-speaking New Mexican citizens. As a result, they designated specific provisions that require a three-fourths supermajority to be amended. These provisions are considered fundamental and include areas such as voter qualifications. This higher threshold ensures that any changes to these critical areas of the constitution are carefully considered and broadly supported by the people of New Mexico.
The three-fourths supermajority requirement serves as a safeguard against hasty or unilateral changes to key provisions. By setting a higher bar for approval, it encourages compromise and consensus-building, ensuring that amendments reflect the interests and values of a significant majority of the state's citizens. This mechanism is a unique feature of New Mexico's constitution, demonstrating the state's commitment to protecting the rights of its diverse population.
It's worth noting that there are alternative methods for proposing amendments. One method is through a constitutional convention, which requires a two-thirds majority vote in both houses of the legislature and a simple majority of voters. Additionally, in 1996, voters approved a measure authorizing the legislature to establish an independent commission with the power to propose amendments separately or as a single ballot question. These alternative pathways complement the primary process, providing additional avenues for New Mexicans to initiate constitutional changes.
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Frequently asked questions
The first step is for the legislature to pass a proposed constitutional amendment by a simple majority in both houses.
The proposed amendment is then sent to voters for ratification. Generally, only a simple majority vote is needed. However, certain provisions require a three-fourths supermajority to be amended.
Yes, there are two other methods. One is to call a constitutional convention, which requires a two-thirds majority vote in both houses of the legislature and a simple majority of voters. The other method, added by voters in 1996, authorises the legislature to create an independent commission to propose amendments separately or as a single ballot question.
