Simone Lawson
The New Mexico Constitution is the fundamental governing document of the state of New Mexico. The current constitution was ratified in 1911, and became effective in 1912 when New Mexico became the 47th state. The document was drafted by the Constitutional Convention of 1910 and adopted by referendum in both English and Spanish. It is unique in the U.S. for recognising the state's cultural and ethnic diversity.
| Characteristics | Values |
|---|---|
| Date of ratification | 21 January 1911 |
| Date of approval by Congress and President Taft | 1912 |
| Date of admission to the union | 7 January 1912 |
| Number of constitutions drafted | 4 |
| Number of constitutional conventions held | 5 |
| Number of amendments | 182 |
| Date of last amendments | 5 November 2024 |
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What You'll Learn
The first New Mexico Constitution was ratified in 1850
New Mexico held its first constitutional convention in 1850, two years after being annexed as a territory of the US. Over the next 60 years, it produced four constitutions, of which the current document was drafted by the Constitutional Convention of 1910. The resulting draft was adopted by referendum in both English and Spanish, ratified by popular vote on 21 January 1911, and became effective on 7 January 1912 upon admission to the union.
The New Mexico Constitution is unique in the US for recognising the state's cultural and ethnic diversity. It reaffirms the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo, which granted US citizenship and various legal protections to former Mexican nationals, and prohibits discrimination based on an "inability to speak, read or write the English or Spanish languages". This was intended to protect the educational access of Spanish speakers and those of Spanish descent.
The New Mexico Constitution was created through debate at a Constitutional Convention held between 3 October and 21 November 1910. Despite the political domination by Republican lawmakers at the Convention, the Constitution was approved first by Convention delegates and then overwhelmingly by the New Mexican electorate in January 1911. President Taft approved the Constitution on 24 February 1911 and this was followed by Congressional approval on 1 March 1911. A filibuster in the Senate concerning New Mexico's articles of amendment, however, delayed the passing of the Constitution at the Federal level until August 1911.
The New Mexico Constitution contained a number of limitations on the process for making amendments, including requiring a two-thirds vote of the legislature to propose amendments, 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 limiting 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.
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Voters rejected drafted constitutions in 1872 and 1889
New Mexico has held five constitutional conventions and drafted four constitutions in its history. The first constitution was ratified in 1850, two years after being annexed as a territory of the US. However, voters rejected drafted constitutions during the conventions held in 1872 and 1889.
The 1872 and 1889 conventions were part of a series of attempts to create a constitution for New Mexico. The state had been annexed as a territory of the US in 1848, and the first constitution was drafted and ratified in 1850. However, this constitution was short-lived, as New Mexico was taken over by the Confederacy during the Civil War. After the war, New Mexico was returned to the US, and the work of creating a new constitution began anew.
The 1872 convention was held in the context of a rapidly changing political landscape in New Mexico. The state had recently been granted a territorial government by the US Congress, and the question of statehood was on the minds of many residents. The convention was marked by fierce debates over issues such as the role of the federal government, the rights of Native Americans, and the place of Spanish-speaking communities in the state. In the end, the draft constitution that emerged from the convention failed to gain the support of the voters, who saw it as too favourable to the federal government and not protective enough of the rights of Native Americans and Spanish-speaking communities.
The 1889 convention took place against a backdrop of increasing tension between the Anglo and Hispanic communities in New Mexico. The state had seen a large influx of Anglo settlers in the preceding decades, and the balance of power had shifted in their favour. The Hispanic community, which had traditionally held a strong position in the state, felt threatened and marginalised. The convention was marked by bitter disputes over issues such as language rights, land ownership, and political representation. The draft constitution that emerged from the convention was seen as favouring the Anglo community and failing to protect the rights and interests of the Hispanic community. As a result, it was rejected by the voters.
The rejection of the 1872 and 1889 constitutions had a significant impact on the future of New Mexico. It demonstrated the deep divisions within the state and the need for a constitution that could bridge these divides and gain broad support. It also highlighted the importance of issues such as language rights, cultural diversity, and political representation. The lessons learned from these failed attempts would inform the drafting of the 1910 constitution, which would eventually be ratified by the voters and form the basis for New Mexico's admission to the Union as the 47th state in 1912.
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The current New Mexico Constitution was ratified in 1911
The New Mexico Constitution is the fundamental governing document of the state of New Mexico. It is unique in the US for recognising the state's cultural and ethnic diversity. It reaffirms the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo, which granted US citizenship and various legal protections to former Mexican nationals. It also prohibits discrimination based on an "inability to speak, read or write the English or Spanish languages".
New Mexico has held five constitutional conventions and drafted four constitutions in its history. The first constitution was ratified in 1850, two years after the state was annexed as a territory of the US. Voters rejected drafted constitutions during the conventions held in 1872 and 1889. The 1910 convention was approved by the people in 1911, and the constitution was approved by Congress and President Taft in 1912.
The New Mexico Constitution, as originally drafted and sent to the US Congress in 1911, contained a number of limitations on the process for making amendments. These included requiring a two-thirds vote of the legislature in order to propose amendments, in addition to a bare majority. All amendments also had to be ratified by 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. 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.
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The 1910 Constitution was approved by Congress in 1912
The 1910 Constitution was approved by Congress and President Taft in 1912, and New Mexico became the 47th state. The 1910 Constitution was drafted by the Constitutional Convention of 1910 and was adopted by referendum in both English and Spanish. It was ratified by popular vote on 21 January 1911 and became effective on 7 January 1912 upon admission to the union.
The 1910 Constitution is the current New Mexico Constitution and is still in effect today. It is the fundamental governing document of the state of New Mexico and has been amended 182 times. It contains a preamble followed by 24 articles.
The 1910 Constitution is unique in the U.S. for recognising the state's cultural and ethnic diversity. 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, and prohibits discrimination based on an "inability to speak, read or write the English or Spanish languages".
The 1910 Constitution was not initially approved by Congress due to provisions that restricted the ability to be amended. These restrictions included the requirement of a two-thirds vote of the legislature to propose amendments, in addition to a bare majority, and a limitation on the total number of amendments submitted to the people in a given election cycle. Congress required that these anti-populist provisions be removed as a prerequisite for admission as a state.
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The New Mexico Constitution has been amended 182 times
The New Mexico Constitution was ratified in 1912, and since then it has been amended 182 times. The first constitution was ratified in 1850, two years after New Mexico was annexed as a territory of the US. Over the next sixty years, four constitutions were produced, of which the current document was drafted by the Constitutional Convention of 1910. This was adopted by referendum in both English and Spanish, and ratified by popular vote on 21 January 1911. It became effective on 7 January 1912, when New Mexico became the 47th state.
The New Mexico Constitution is unique in the US for recognising the state's cultural and ethnic diversity. It reaffirms the rights of Hispanos and Spanish speakers under the Treaty of Guadalupe Hidalgo, which granted US citizenship and various legal protections to former Mexican nationals. It also prohibits discrimination based on an "inability to speak, read or write the English or Spanish languages".
The 1910 Constitution contained a number of limitations on the process for making amendments. These included requiring a two-thirds vote of the legislature to propose amendments, as well as a bare majority, and a 40% vote in at least half of the state's counties. Congress was not sympathetic to these anti-populist provisions, and required that the people ratify an amendment that would provide for a simple majority vote in the legislature, and for ratification by a simple majority vote of the people.
The New Mexico Constitution has been amended more than 170 times, with voters last approving four constitutional amendments on 5 November 2024. State constitutions are amended far more frequently than the US Constitution, which has been amended only 27 times (and only 17 times since 1791). The New Mexico Constitution reflects not just the work of its early 20th-century drafters, but the ongoing work of generations of New Mexicans.
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Frequently asked questions
The first New Mexico Constitution was ratified in 1850.
New Mexico has had four constitutions.
The current New Mexico Constitution was ratified on 21 January 1911.
The current New Mexico Constitution became effective on 7 January 1912.
The New Mexico Constitution is unique in the U.S for recognising the state's cultural and ethnic diversity. 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, and prohibits discrimination based on an "inability to speak, read or write the English or Spanish languages".
