MEXICO STATE CONSTITUTION
Adopted January 21, 1911
(as amended through 1974)
We, the people of New Mexico, grateful to Almighty God for the blessings of liberty, in order to secure the advantages
of a state government, do ordain and establish this Constitution.
BILL OF RIGHTS
Sec. 1. The State of New Mexico is an inseparable part of the Feder-
al Union, and the Constitution of the United States is the
supreme law of the land.
Sec. 2. All political power is vested in and derived from the peo-
ple, all government of right originates with the people, is
founded upon their will and is instituted solely for their
Sec. 3. The people of the state have the sole and exclusive right to
govern themselves as a free, sovereign and independent
Sec. 4. All persons are born equally free, and have certain natural,
inherent and inalienable rights, among which are the rights
of enjoying and defending life and liberty, of acquiring,
possessing and protecting property, and of seeking and ob-
taining safety and happiness.
Sec. 5. The rights, privileges and immunities, civil, political and
religious guaranteed to the people of New Mexico by the
Treaty of Guadeloupe Hidalgo shall be preserved inviolate.
(ADOPTED BY TH PEOPLE NOV. 2, 1971)
Sec. 6. No law shall abridge the right of the citizen to keep and
bear arms for security and defense, for lawful hunting and
recreational use and for other lawful purposes, but nothing
herein shall be held to permit the carrying of concealed
Sec. 7. The privilege of the writ of habeas corpus shall never be
suspended, unless, in case of rebellion or invasion, the
public safety requires it.
Sec. 8. All elections shall be free and open, and no power, civil or
military, shall at any time interfere to prevent the free
exercise of the right of suffrage.
Sec. 9. The military shall always be in strict subordination to the
civil power; no soldier shall in time of peace be quartered
in any house without the consent of the owner, nor in time
of war except in the manner prescribed by law.
Sec. 10. The people shall be secure in their persons, papers, homes
and effects, from unreasonable searches and seizures, and no
warrant to search any place, or seize any person or thing,
shall issue without describing the place to be searched, or
the person or things to be seized, nor without probable
cause, supported by oath or affirmation.
Sec. 11. Every man shall be free to worship God according to the dic-
tates of his own conscience, and no person shall ever be
molested or denied any civil or political right or privi-
lege on account of his religious opinion or mode of religi-
ous worship. No person shall be required to attend any place
of worship or support any religious sect or denomination;
nor shall any preference be given by law to any religious
denomination or mode of worship.
Sec. 12. The right of trial by jury as it has heretofore existed
shall be secured to all and remain inviolate. In all cases
triable in courts inferior to the district court the jury
may consist of six. The legislature may provide that ver-
dicts in civil cases may be rendered by less than a unani-
mous vote of the jury.
Sec. 13. All persons shall be bailable by sufficient sureties, except
for capital offenses when the proof is evident or the pre-
sumption great. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments
inflicted. (ADOPTED BY THE PEOPLE NOV. 4, 1924)
Sec. 14. No person shall be held to answer for a capital, felonious
or infamous crime unless on a presentment or indictment of a
grand jury or information filed by a district attorney or
attorney general or their deputies, except in cases aris-
ing in the militia when in actual service in time of war or
public danger. No person shall be so held on information
without having had a preliminary examination before an ex-
amining magistrate, or having waived such preliminary exam-
ination. A grand jury shall be composed of such number, not
less than twelve, as may be prescribed by law. Citizens
only, residing in the county for which a grand jury may be
convened and qualified as prescribed by law, may serve on
the grand jury. Concurrence necessary for the finding of an
indictment by a grand jury shall be prescribed by law; pro-
vided, such concurrence shall never be by less than a major-
ity of those who compose a grand jury, and, provided, at
least eight must concur in finding an indictment when a
grand jury is composed of twelve in number. Until otherwise
prescribed by law a grand jury shall be composed of twelve
in number of which eight must concur in finding an indict-
ment. A grand jury shall be convened upon order of a judge
of a court empowered to try and determine cases of capital,
felonious or infamous crimes at such times as to him shall
be deemed necessary, or a grand jury shall be ordered to
convene by such judge upon the filing of a petition there-
for signed by not less than seventy-five resident tax payers
of the county, or a grand jury may be convened in any addi-
tional manner as may be prescribed by law. In all criminal
prosecutions, the accused shall have the right to appear and
defend himself in person, and by counsel; to demand the na-
ture and cause of the accusation; to be confronted with the
witnesses against him; to have the charge and testimony in-
terpreted to him in a language he understands; to have com-
pulsory process to compel the attendance of necessary wit-
nesses in his behalf, and a speedy public trial by an impar-
tial jury of the county or district in which the offense is
alleged to have been committed.
Sec. 15. No person shall be compelled to testify against himself in a
criminal proceeding, nor shall any person be twice put in
jeopardy for the same offense; and when the indictment, in-
formation or affidavit upon which any person is convicted
charges different offenses or different degrees of the same
offense and a new trial is granted the accused, he may not
again be tried for an offense or degree of the offense
greater than the one of which he was convicted.
Sec. 16. Treason against the state shall consist only in levying war
against it, adhering to its enemies, or giving them aid and
comfort. No person shall be convicted of treason unless on
the testimony of two witnesses to the same overt act, or on
confession in open court.
Sec. 17. Every person may freely speak, write and publish his senti-
ments on all subjects, being responsible for the abuse of
that right; and no law shall be passed to restrain or a-
bridge the liberty of speech or of the press. In all crimi-
nal prosecutions for libels, the truth may be given in evi-
dence to the jury; and if it shall appear to the jury that
the matter charged as libelous is true and was published
with good motives and for justifiable ends, the party shall
be acquitted. (ADOPTED BY THE PEOPLE NOV. 7, 1972)
Sec. 18. No person shall be deprived of life, liberty or property
without due process of law; nor shall any person be denied
equal protection of the laws. Equality of rights under law
shall not be denied on account of the sex of any person. The
effective date of this amendment shall be July 1, 1973.
Sec. 19. No ex post facto law, bill of attainder, nor law impairing
the obligation of contracts shall be enacted by the legisla-
Sec. 20. Private property shall not be taken or damaged for public
use without just compensation.
Sec. 21. No person shall be imprisoned for debt in any civil action.
(ADOPTED BY THE PEOPLE SEPT. 20, 1921)
Sec. 22. Until otherwise provided by law no alien, ineligible to
citizenship under the laws of the United States, or corp-
oration, co-partnership or association, a majority of the
stock or interest in which is owned or held by such aliens,
shall acquire title, lease hold or other interest in or to
real estate in New Mexico.
Sec. 23. The enumeration in this Constitution of certain rights shall
not be construed to deny, impair or disparage others retain-
ed by the people.