New Mexico Constitution Article XVIII - Militia
New Mexico Constitution – Article XVIII: Militia – Summary
📜 Overview:
Article XVIII of the New Mexico Constitution addresses the organization, authority, and duties of the state militia, which includes the New Mexico National Guard and other military forces that may be authorized by law.
🔑 Key Points:
State Militia Defined:
The militia of New Mexico consists of all able-bodied citizens, and those who have declared an intention to become citizens, who are eligible for military service under federal or state law (unless exempted).
Governor as Commander-in-Chief:
The Governor is the Commander-in-Chief of the state militia, except when it is called into federal service.
The Governor may call out the militia to:
Enforce the laws
Suppress insurrection
Repel invasion
Organization and Discipline:
The Legislature has the power to organize, equip, and discipline the militia.
The structure must align as much as possible with the regulations of the U.S. armed forces.
Exemptions and Restrictions:
The Constitution may exempt certain individuals from militia duty (e.g., for religious reasons).
Provisions may exist to protect civil authority and limit military power over civilians.
✅ Purpose:
Article XVIII establishes the legal foundation for New Mexico’s military forces, ensuring the state can defend itself, maintain order, and support national defense. It maintains a balance between state sovereignty, civil control of the military, and alignment with federal standards.
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