                          CONSTITUTION OF THE
                          STATE OF NEW MEXICO
                        ADOPTED JANUARY 21, 1911
                       (AS AMENDED THROUGH 1974)

                               PREAMBLE

   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.

                             ARTICLE II

                           BILL OF RIGHTS

   Section 1.   The State of New Mexico is an inseparable part of the Federal 
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 people,  all 
government  of right originates with the people,  is founded upon their  will 
and is instituted solely for their good.

   Sec.  3.   The  people  of the state have the sole and exclusive right  to 
govern themselves as a free, sovereign and independent state.

   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 obtaining 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 weapons. 

   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 dictates 
of  his  own conscience,  and no person shall ever be molested or denied  any 
civil  or political right or privilege on account of his religious opinion or 
mode of religious 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 verdicts in civil cases may be rendered by less than a unanimous 
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  presumption  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 arising 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 examining magistrate, 
or having waived such preliminary examination. 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;  provided,  such concurrence shall never be by less than a 
majority  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  indictment.  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 therefor signed by not 
less than seventy-five resident tax payers of the county, or a grand jury may 
be  convened  in any additional 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 nature and cause of  the 
accusation;  to  be  confronted with the witnesses against him;  to have  the 
charge and testimony interpreted to him in a language he understands; to have 
compulsory  process  to compel the attendance of necessary witnesses  in  his 
behalf,  and  a  speedy  public trial by an impartial 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,  information 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 sentiments 
on  all subjects,  being responsible for the abuse of that right;  and no law 
shall be passed to restrain or abridge the liberty of speech or of the press. 
In  all criminal prosecutions for libels,  the truth may be given in evidence 
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 legislature.

   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  corporation,  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 retained by the people.
