Jonah Patel
New Mexico's constitution has had a long and complex history, with the state holding five constitutional conventions and drafting four constitutions before it was granted statehood in 1912. The current constitution, approved in 1910, has been amended over 170 times, reflecting the ongoing work of generations of New Mexicans. The process of amending the constitution is designed to safeguard the rights of citizens and advance their values and interests. The constitution provides a framework for governance, outlining the powers, structure, and limitations of the state government, as well as individual and civil rights.
| Characteristics | Values |
|---|---|
| Date of first constitutional convention | 1850 |
| Number of constitutional conventions | 6 |
| Date of current constitution's drafting | 1910 |
| Date of current constitution's adoption | 1911 |
| Date of current constitution's ratification | 1912 |
| Number of amendments since ratification | 182 |
| Minimum number of votes in the House of Representatives to place an amendment on the ballot | 36 |
| Minimum number of votes in the State Senate to place an amendment on the ballot | 22 |
| Minimum number of votes in the legislature to place a constitutional convention question on the ballot | 66.67% |
| Minimum number of votes required for a convention to be held | 50% |
Explore related products
What You'll Learn
New Mexico's statehood struggle
New Mexico's path to statehood was a long and arduous struggle that spanned over six decades, from 1850 to 1912. During this period, New Mexico underwent five constitutional conventions and drafted four constitutions. The territory's quest for statehood was influenced by various political, social, and economic factors, as well as the larger context of US politics and the agenda of the US Congress.
In the early 1850s, New Mexico met the population requirement for statehood, and President Zachary Taylor was eager to bring New Mexico into the Union as a free state to avoid sectional conflicts in Congress. Major George McCall, who was dispatched by President Taylor, successfully helped local politicians organize a statehood convention and draft a constitution by 1850. However, the politics of slavery intervened, and Southern politicians vehemently opposed New Mexico's entry, threatening to derail the statehood process. This led to the Compromise of 1850, which tabled New Mexico's bid for statehood and narrowly averted a crisis.
The issue of statehood remained a contentious topic for New Mexico over the following decades, with the territory facing multiple obstacles. The outbreak of the Civil War brought new challenges, as there was a significant presence of Southern sympathizers in the lower part of the territory, and ranking officers defected to the South. Additionally, New Mexico's majority-Hispanic population faced prejudice and was perceived as "alien" to US culture and political values, further complicating the statehood process.
Despite these struggles, New Mexico continued to pursue statehood. The last of the four draft constitutions, the Constitution of 1910, was finally approved by Congress and President William Taft in 1912. On January 6, 1912, New Mexico officially became the 47th state of the United States. The Constitution of 1910 remains in effect today, but it has undergone numerous amendments to reflect the evolving values and interests of the state's residents.
In summary, New Mexico's statehood struggle was a complex and protracted process marked by political, social, and cultural conflicts. The territory faced opposition, prejudice, and external influences that delayed its quest for statehood. However, through perseverance and adaptation, New Mexico ultimately achieved its goal and joined the Union as a fully-fledged state in 1912.
The Constitution and Habeas Corpus: Can It Be Suspended?
You may want to see also
The 1910 convention
New Mexico held its first constitutional convention in 1850, two years after being annexed as a territory of the US. Over the next six decades, it produced four constitutions, of which the current document was drafted by the Constitutional Convention of 1910. The 1910 convention was the sixth and final convention aimed at creating a constitution in advance of admission to statehood. It addressed several longstanding issues that had faced the territory, most notably the enforcement of the Treaty of Guadalupe Hidalgo, which, among other matters, governed the rights of Hispanos and Spanish speakers.
The 100 delegates to the convention were elected by the people of New Mexico and represented a cross-section of New Mexican society. Approximately one-third were Nuevomexicanos or Hispanos, and the remainder Anglos; though several were wealthy, the majority (up to two-thirds) were middle class. Lawyers constituted the chief occupational group, at 35 members, and the overwhelming majority of representatives had political experience.
The 1910 constitution has been amended more than 170 times since its ratification, reflecting the ongoing work of generations of New Mexicans. For example, in 1971, New Mexico adopted a "pollution-control clause" after voters approved a constitutional amendment, providing that the state legislature "shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state".
Republicans' Union: Restoring the Constitution During Reconstruction
You may want to see also
The 1912 ratification
The journey towards statehood for New Mexico was a lengthy one, with the territory holding its first constitutional convention in 1850, just two years after being annexed as part of the United States. Over the following decades, the territory produced several constitutions, with the political and business elites of the Santa Fe Ring and the influx of American "Anglos" championing the cause of statehood. However, the Nuevomexicanos, or those descended from pre-annexation times, had more complex feelings about statehood, concerned about the potential erosion of their culture, heritage, and long-established social, political, and economic standing.
The New Mexico Constitution was drafted by 100 delegates elected by the people of New Mexico, representing a diverse cross-section of society, including Nuevomexicanos, Hispanos, and Anglos, with a range of political affiliations and socioeconomic backgrounds. The convention addressed several critical issues, notably the enforcement of the Treaty of Guadalupe Hidalgo, which protected the rights of former Mexican citizens now living under U.S. rule.
Despite objections from Democrats regarding the amendment process, the legislature's composition, and the absence of provisions for recall votes, the final draft of the constitution was approved by the people on January 21, 1911, with a three-to-one majority. However, for the constitution to be ratified, New Mexico had to gain admission to the Union. This was achieved on January 6, 1912, when New Mexico officially became a state, and the constitution went into effect.
Since its ratification in 1912, the New Mexico Constitution has undergone numerous amendments, reflecting the evolving values and interests of the state's citizens. As of 2025, the constitution has been amended 182 times, with voters playing a crucial role in shaping the document through their ratification of proposed changes. This ongoing process of amendment demonstrates the dynamic nature of constitutional law and the commitment of New Mexicans to adapting their foundational document to meet the needs of a changing society.
Compromises: The Foundation of the Constitution
You may want to see also
Explore related products
The constitution's amendments
The Constitution of the State of New Mexico establishes the fundamental political framework of the state. It sets out the principles and structure of the state government, and the rights of its citizens. The constitution has been amended over 170 times, with some sources placing the number of amendments at 182.
The process of amending the constitution is designed to safeguard the constitutional rights 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. There are two mechanisms for amending the constitution: a legislative process and a state constitutional convention.
The legislative process requires a simple majority vote during one legislative session for the New Mexico State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 36 votes in the New Mexico House of Representatives and 22 votes in the New Mexico State Senate. Amendments do not require the governor's signature to be referred to the ballot.
The state constitutional convention requires a two-thirds (66.67%) vote during one legislative session of the state legislature to place a constitutional convention question on the ballot.
The original draft of the constitution included several limitations on the amendment process, including requiring a two-thirds vote of the legislature to propose amendments, and a bare majority of at least 40% of those voting in the election, with a 40%+ vote in at least half of the counties. There was also a limit on the total number of amendments that could be submitted to the people per election. However, these provisions were removed before the constitution was ratified.
The constitution has been amended to include a range of social and political reforms, including prohibitions of convict labour and debtor's prison, and guaranteed compensation for railroad workers injured due to company negligence. It also includes a "pollution-control clause" which provides that the state legislature "shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state".
US Constitution: Failing Ideals, Failing the People
You may want to see also
The constitution's broader rights
The Constitution of New Mexico establishes the fundamental political framework of the state and sets forth the principles and structure of the government. It also enumerates the rights of citizens and functions as the supreme law of the state, subordinate only to the United States Constitution.
The constitution was drafted by 100 delegates elected by the people of New Mexico, representing a cross-section of New Mexican society. The delegates formed the sixth and final convention aimed at creating a constitution in advance of admission into statehood. The convention addressed several long-standing issues, including the enforcement of the Treaty of Guadalupe Hidalgo, which governed the rights, privileges, and immunities of former Mexican citizens living under the US.
The constitution was intentionally framed to be conservative and non-controversial to appease the conservative federal government and secure statehood for New Mexico. However, a minority of delegates embraced social and political reforms of the contemporary Progressive Era, such as prohibitions of convict labour and debtor's prison, and guaranteed compensation for injured railroad workers.
The constitution also included limitations on the process for making amendments, requiring a two-thirds vote of the legislature to propose amendments, a majority of votes, and ratification by at least 40% of voters in the election and in at least half of the counties. These provisions were designed to safeguard constitutional rights from being removed by future governments.
Since its ratification in 1912, the New Mexico Constitution has been amended 182 times (some sources state over 170), reflecting the ongoing work of generations of New Mexicans to advance their values and interests.
Understanding Agency Policy: FOIA Deliberative Process Exemption
You may want to see also
Frequently asked questions
New Mexico's constitution establishes the fundamental political framework of the state and sets forth the principles and structure of its government. It also enumerates the rights of its citizens.
The current constitution was drafted by the Constitutional Convention of 1910. It was adopted by referendum in both English and Spanish and ratified by popular vote on January 21, 1911.
The New Mexico Constitution became effective on January 7,1912, upon the state's admission to the Union.
The legislature must first pass a proposed constitutional amendment by a simple majority in both houses. The proposed amendment is then sent to voters for ratification, which usually requires a simple majority vote. However, certain provisions, such as those concerning the civil rights of Spanish-speaking citizens, require a three-fourths supermajority to be amended.
Since its ratification in 1912, the New Mexico Constitution has been amended at least 170 times, with sources giving different figures, ranging from 170 to 182 amendments.
