Constitution of the State of New Mexico
Encyclopedia
The Constitution of the State of New Mexico is the document governing the political framework of this U.S. state
. Article II contains a bill of rights
. It was adopted by Constitutional Convention on November 21, 1910, ratified by vote of the people on November 5, 1911, and became effective upon admission to the union on January 6, 1912.
, the New Mexico Constitution contained a number of limitations on the process for making amendments. These included
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. This prerequisite came to be known as the "Flood amendment" as it was proposed by Henry de la Warr Flood
, a Democrat from Virginia, at the instigation of Summers Burkhart
secretary of the New Mexico State Central Committee of the Democratic Party
. The Flood amendment did permit two restrictions on the majority ratification, one for amendments to the elective franchise and the other for amendments to the protection of educational access of Spanish speakers or those of Spanish descent.
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
. Article II contains a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
. It was adopted by Constitutional Convention on November 21, 1910, ratified by vote of the people on November 5, 1911, and became effective upon admission to the union on January 6, 1912.
Flood amendment
As originally drafted and sent to the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, the New Mexico Constitution contained a number of limitations on the process for making amendments. These included
- a requirement of a two-thirds vote of the legislature in order to propose amendments,
- that 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
- a limitation 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. This prerequisite came to be known as the "Flood amendment" as it was proposed by Henry de la Warr Flood
Henry D. Flood
Henry De La Warr Flood was a Representative from the Commonwealth of Virginia to the United States House of Representatives, brother of U.S. Representative Joel West Flood and uncle of U.S. Senator Harry Flood Byrd....
, a Democrat from Virginia, at the instigation of Summers Burkhart
Summers Burkhart
Summers Burkhart was an American lawyer and the United States Attorney for New Mexico from 1913 to 1921.Burkhart was born in Martinsburg, Virginia to middle class parents, William Davidson Burkhart and Nannie Forest Burkhart. He was sent away for advanced schooling to the College of St...
secretary of the New Mexico State Central Committee of the Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
. The Flood amendment did permit two restrictions on the majority ratification, one for amendments to the elective franchise and the other for amendments to the protection of educational access of Spanish speakers or those of Spanish descent.