Article II — Bill of Rights
24 sections · 0 paragraphs in this article.
N.M. Const. art. II, § 1 Supreme Law of the Land
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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.[1]
N.M. Const. art. II, § 2 Popular Sovereignty
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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.[1]
N.M. Const. art. II, § 3 Right of Self-Government
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The people of the state have the sole and exclusive right to govern themselves as a free, sovereign and independent state.[1]
N.M. Const. art. II, § 4 Inherent Rights
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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.[1]
N.M. Const. art. II, § 5 Rights under Treaty of Guadalupe Hidalgo Preserved
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The rights, privileges and immunities, civil, political and religious guaranteed to the people of New Mexico by the Treaty of Guadalupe Hidalgo shall be preserved inviolate.[1]
N.M. Const. art. II, § 6 Right to Bear Arms
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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. No municipality or county shall regul…
N.M. Const. art. II, § 7 Habeas Corpus
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The privilege of the writ of habeas corpus shall never be suspended, unless, in case of rebellion or invasion, the public safety requires it.[1]
N.M. Const. art. II, § 8 Freedom of Elections
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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.[1]
N.M. Const. art. II, § 9 Military Power Subordinate; Quartering of Soldiers
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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.[1]
N.M. Const. art. II, § 10 Searches and Seizures
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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 persons or things to be seized, nor w…
N.M. Const. art. II, § 11 Freedom of Religion
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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…
N.M. Const. art. II, § 12 Trial by Jury; Less Than Unanimous Verdicts in Civil Cases
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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…
N.M. Const. art. II, § 13 Bail; Excessive Fines; Cruel and Unusual Punishment
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All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great and in situations in which bail is specifically prohibited by this section. Excessive bail shall not be required, nor excessive…
N.M. Const. art. II, § 14 Indictment and Information; Grand Juries; Rights of Accused
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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 t…
N.M. Const. art. II, § 15 Self-Incrimination; Double Jeopardy
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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 degre…
N.M. Const. art. II, § 16 Treason
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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.[1]
N.M. Const. art. II, § 17 Freedom of Speech and Press; Libel
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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…
N.M. Const. art. II, § 18 Due Process; Equal Protection; Sex Discrimination
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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.[1]
N.M. Const. art. II, § 19 Retroactive Laws; Bills of Attainder; Impairment of Contracts
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No ex post facto law, bill of attainder nor law impairing the obligation of contracts shall be enacted by the legislature.[1]
N.M. Const. art. II, § 20 Eminent Domain
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Private property shall not be taken or damaged for public use without just compensation.[1]
N.M. Const. art. II, § 21 Imprisonment for Debt
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No person shall be imprisoned for debt in any civil action.[1]
N.M. Const. art. II, § 22 Alien Landownership
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Repealed.[1]
N.M. Const. art. II, § 23 Reserved Rights
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The enumeration in this constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people.[1]
N.M. Const. art. II, § 24 Victim's Rights
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A. A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery, dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary manslaughter, involuntary manslaughter, kidnapping, criminal sexual penetration, criminal se…