New Mexico's State Government
The structure of New Mexico's state government is set by the New Mexico Constitution. The state constitution was approved on January 21, 1911-about one year before New Mexico became the 47th state. Although it now has more than 100 amendments, it is still the same basic constitution that was approved in 1911.
Like the federal government, the New Mexico state government has three branches. The legislative branch makes the state's laws. The executive branch enforces or carries out those laws and policies. The judicial branch is the state court system. The courts apply and interpret the law.
The Legislative Branch
The State Legislature has two houses or parts, just like the US Congress. It has a Senate and a House of Representatives. The legislature has two main duties. Its first main duty is to raise the money needed to carry out the functions of state government through the levying or raising of taxes. The functions of state governments are various. They include providing defense, protecting civil rights, and regulating the use of natural resources. Additionally, they provide goods and services such as public education, public parks, disaster relief, and infrastructure (roads, bridges, and buildings). The second duty of the legislature is to make laws.
How do laws get made? Each state law starts as an idea that is written down as a bill. One or more legislators introduce the bill into the senate or the house. The legislators debate the bill, and then vote on it. If both houses of the legislature approve the bill, it goes to the governor. If the governor signs the bill, it becomes law. The governor can veto or reject the bill. In that case, the bill only becomes law with a vote of two-thirds of the legislature. This is called an override.
Laws passed by the legislature in Santa Fe apply only in the state of New Mexico. Federal laws passed by the US Congress in Washington apply to all fifty states, including New Mexico. What happens if a New Mexico state law conflicts with a federal law? The federal law prevails.
The New Mexico legislature has 112 members. There are seventy members of the New Mexico House. Each represents one house district. Each member of the House has a two-year term. There are forty-two members of the New Mexico Senate. Each member represents one of the state's senate districts. Each member of the senate has a four-year term. Legislators do not receive a salary. But they are reimbursed for daily expenses during the legislative session.
The state legislature meets for one brief session each year. Each session starts on the third Tuesday of January at noon. In odd numbered years, the session meets for a maximum of sixty days. In even- numbered years, sessions last for a maximum of thirty days.
The Judicial Branch
The chief of the executive branch of is the governor. The governor's responsibility is to execute or carry out the laws of the state. The governor serves a four-year term. Governors in New Mexico can serve any number of terms, but no more than two in a row.
The executive branch also includes all of the departments in state government that carry out the work- the agriculture department, the transportation department, the health department, and so on. The governor chooses the people who head each department. They are called secretaries or directors. The governor also appoints the people who have seats on state commissions.
The Judicial Branch
The judicial branch is the state court system. The Supreme Court is Mexico's highest court. It has five justices elected to eight-year terms. Just below the Supreme Court is the Court of Appeals. New Mexico also has thirteen judicial districts where the lowest level of state courts sits. These are trial courts that hear a wide variety of cases. Trial court judges are elected for terms of six years in their judicial district. In addition, some towns have municipal courts.
County Government
Local laws are carried out by counties and municipalities. New Mexico has thirty-three counties. A board of commissioners makes policy for and manages each county. Among other duties, county governments oversee elections, construct and maintain some roads, and collect property taxes. Counties can also oversee parks, libraries, hospitals, airports, predator control, water systems, and waste management.
Each county commissioner must stand for election. Other county officials elected by the public include a clerk, an assessor, a sheriff, a surveyor, a treasurer, and a probate judge. Probate court deals with the property and debts of people who have died.
The Seat of State Government
All of the main offices and bodies of state government are found in Santa Fe, the state capital. The governor's office is in the state capitol building. The legislature meets there as well, in two separate chambers. The Supreme Court meets in a unique building in the capital built in 1937. In 2002, it was placed in the National Register of Historic Places.
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