Omar Bennett
The New Mexico Constitution is unique in the U.S. for its recognition of the state's cultural and ethnic diversity. It was drafted by 100 delegates, representing a cross-section of New Mexican society, and contains 24 articles that have been amended more than 170 times. The constitution reaffirms the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo, prohibiting discrimination based on language. It also addresses public education, with a focus on improving educational outcomes, and includes provisions for a Public Education Department and funding through the Land Grant Permanent Fund. The process of amending the constitution is designed to safeguard constitutional rights, with amendments proposed by a majority vote of each house and submitted to voters for approval.
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What You'll Learn
The constitution recognises New Mexico's cultural and ethnic diversity
The New Mexico Constitution is unique in the U.S. for recognising the state's cultural and ethnic diversity. It was drafted by 100 delegates elected by the people of New Mexico, with approximately one-third being Nuevomexicanos or Hispanos, and the rest Anglos. The constitution reaffirms the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo, which granted U.S. citizenship and legal protections to former Mexican nationals. It also prohibits discrimination based on language, protecting the rights of those who cannot speak, read, or write English or Spanish.
The recognition of New Mexico's cultural and ethnic diversity in its constitution reflects the state's rich and diverse history. Native Americans have been present in the region for over eight thousand years, and the area was once part of Mexico under Spanish rule. During this time, hundreds of land grants were issued to individuals, many of which still exist today. The strong Spanish influence and the historical Spanish legal system led to New Mexico's constitution declaring the state as bilingual, protecting the educational access of Spanish speakers and those of Spanish descent.
The struggle for statehood in New Mexico spanned over six decades and resulted in four different draft constitutions. The final constitution, approved in 1912, reflected the conservative nature of the time and aimed to address longstanding issues, such as the enforcement of the Treaty of Guadalupe Hidalgo. The constitution-making process was influenced by the influx of "Anglos" and the desire to preserve cultural and heritage rights, particularly among the Nuevomexicanos.
The New Mexico Constitution has been amended numerous times to advance the values and interests of its diverse population. One notable amendment in 2003 focused on improving educational outcomes by creating a Public Education Department and addressing funding for education. The constitution's recognition of cultural and ethnic diversity sets it apart and ensures the protection of the rights and heritage of all New Mexicans.
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It reaffirms the rights of Hispanos and Spanish speakers
The New Mexico Constitution is unique in the U.S. for recognising the state's cultural and ethnic diversity. It is the fundamental governing document of the state, outlining its framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The constitution was drafted by 100 delegates elected by the people of New Mexico, with approximately one-third being Nuevomexicanos or Hispanos, and the rest Anglos. It reaffirms the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo, which granted U.S. citizenship and various legal protections to former Mexican nationals. This includes the right to education, with protections in place to ensure access to education for Spanish speakers and those of Spanish descent. The constitution also prohibits discrimination based on an "inability to speak, read or write the English or Spanish languages".
The framers of the constitution believed that the civil rights of Spanish-speaking New Mexican citizens were important enough to warrant special protection, designating certain provisions that require a three-fourths supermajority to be amended. This was done to safeguard the rights of Spanish speakers from being removed by future governments.
The constitution has been amended more than 170 times since its ratification in 1912, reflecting the ongoing work of generations of New Mexicans. Amendments may be proposed by a majority vote of each house of the legislature and must then be submitted to the voters of the state for approval.
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It has been amended over 170 times
The New Mexico Constitution has been amended over 170 times since its ratification in 1912. The constitution was drafted by 100 delegates, representing a cross-section of New Mexican society, and it has been amended many times to reflect the ongoing work of generations of New Mexicans.
The process of amending the constitution is designed to safeguard constitutional rights from being removed by future governments. Amendments may be proposed by a majority vote of each house of the legislature and must then be submitted to the voters of the state for approval. Generally, only a simple majority vote is needed, but certain provisions require a three-fourths supermajority to be amended. For example, the framers of the constitution designated voter qualifications as requiring a supermajority because they believed that the civil rights of Spanish-speaking New Mexican citizens were important enough to warrant special protection.
A third method for revising the constitution was added by voters in 1996, which authorises the legislature to create an independent commission that may propose amendments separately or grouped as a single ballot question.
The New Mexico Constitution has been amended for a variety of reasons, including to improve educational outcomes, to address public education, and to advance the values and interests of New Mexicans. For example, in 2003, the constitution was amended to create a Public Education Department (PED) with a Secretary appointed by the Governor and confirmed by the New Mexico Senate. This amendment also renamed the State Board of Education to the Public Education Commission (PEC).
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It was drafted by 100 delegates, representing a cross-section of society
The New Mexico Constitution was drafted by 100 delegates, representing a cross-section of society. The delegates were elected by the people of New Mexico and included 71 Republicans, 28 Democrats, and one socialist. The group was diverse, with approximately one-third being Nuevomexicanos or Hispanos, and the rest Anglos. The majority, or about two-thirds, were middle class, and there was a mix of occupations, with lawyers being the most common at 35 members. Most of the representatives had prior political experience.
The drafting of the constitution by this diverse group of delegates was the culmination of a long and complex process of New Mexico's journey towards statehood. The territory had held constitutional conventions as early as 1848, 1849, and 1850, but the issue of statehood remained contentious for decades due to cultural, social, and political differences among the population. The Nuevomexicanos, or those descended from pre-United States annexation, were particularly ambivalent about statehood, fearing a loss of their culture and heritage.
By the late 1880s, with an increasing number of American "Anglos" in the territory, support for statehood grew. New Mexico held additional constitutional conventions in 1889-1890, 1907, and 1910. The 1910 convention, which produced the constitution that is still in effect today, was approved by Congress and President William Taft in 1912, marking New Mexico's admission as the 47th state.
The 1910 constitution was drafted with a conservative and noncontroversial tone to appease the conservative federal government. It addressed longstanding issues, such as the enforcement of the Treaty of Guadalupe Hidalgo, which protected the rights of former Mexican citizens living in the territory. The delegates also incorporated provisions reflecting their diverse historical culture, including recognizing the state's bilingual status to protect the rights of Spanish speakers.
Since its ratification, the New Mexico Constitution has been amended numerous times—over 170 amendments have been made, reflecting the ongoing work of generations of New Mexicans to shape their governing document.
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It addresses public education and its funding
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 notable aspect of the constitution is its recognition of the state's cultural and ethnic diversity, including the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo.
The constitution also addresses public education and its funding. Section 2 of the constitution established the Land Grant Permanent Fund for education, providing a sustainable source of income to fund public schools in the state. New Mexico is a large state with a small economic base, so the fund alone is insufficient to fully support the educational mandates of the constitution. As a result, the state legislature also appropriates funds directly to supplement other funding sources.
In 2003, the constitution was amended to improve educational outcomes, creating a Public Education Department (PED) with a Secretary appointed by the Governor and confirmed by the New Mexico Senate. This amendment also renamed the State Board of Education to the Public Education Commission (PEC), with elected Board members becoming Commissioners. The PEC advises the PED on education matters and is the sole authorizer and overseer of state-authorized charter schools.
Despite efforts to improve educational funding and outcomes, some still feel that the state is failing to meet the constitutional mandate for education. The constitution's recognition of the state's cultural and ethnic diversity, including the protection of educational access for Spanish speakers, is a unique feature that sets it apart from other state constitutions in the US.
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Frequently asked questions
The current New Mexico Constitution was adopted in 1912 and has been amended 182 times.
The New Mexico Constitution is unique in the U.S. for recognizing the state's cultural and ethnic diversity. It also reaffirms the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo.
The New Mexico Constitution was drafted by 100 delegates elected by the people of New Mexico. They represented a cross-section of New Mexican society, with approximately one-third being Nuevomexicanos or Hispanos and the remainder Anglos.
The New Mexico Constitution contains 24 articles, including sections on the distribution of powers, the legislative department, executive department, elective franchise, and public education.
Amendments to the New Mexico Constitution may be proposed by a majority vote of each house of the legislature and must then be submitted to the voters of the state for approval. A simple majority vote is typically required, but certain provisions require a three-fourths supermajority to be amended.
