New Mexico Constitution Article XXI - Compact with the United States
New Mexico Constitution – Article XXI: Compact with the United States
Article XXI of the New Mexico Constitution contains the terms and conditions under which New Mexico was admitted into the Union in 1912. It acts as a binding agreement ("compact") between the State of New Mexico and the United States, ensuring protections for certain rights and structures upon statehood.
🔹 Summary of Article XXI – Compact with the United States
This article contains several sections (numbered 1 to 10) that guarantee and preserve various political, legal, and cultural conditions. Here's a breakdown:
Section 1 – Religious freedom and polygamy
Guarantees absolute religious freedom.
Outlaws polygamy.
Section 2 – Control of unappropriated lands
The people of New Mexico disclaim all right and title to unappropriated public lands within the state.
These lands remain under the control of the United States government, unless granted otherwise.
Section 3 – Indian and tribal lands
Indian lands and reservations remain under the exclusive jurisdiction of the United States until Congress provides otherwise.
Section 4 – Public lands for schools, universities, and public institutions
Certain lands granted by Congress are held in trust for public schools and other state institutions.
Revenue from these lands must be used for the intended purposes only.
Section 5 – Use of English and Spanish languages
Both English and Spanish are recognized for official use, especially in the legislative and judicial branches.
Protects the right to vote and hold public office regardless of language.
Section 6 – Education provisions
Schools must be free from sectarian control.
Ensures equal access to public education for all children, including those of Native American descent.
Section 7 – Right to bear arms
Protects the individual right to keep and bear arms, subject to lawful regulation.
Section 8 – Preservation of rights and Constitution
Ensures that all rights guaranteed under the U.S. Constitution apply to the people of New Mexico.
The compact becomes irrevocable without U.S. consent.
Section 9 – Preservation of property rights of persons
Guarantees protection for property rights and equal protection under the law for all persons.
Section 10 – Compact with the United States
Declares this article a perpetual compact that cannot be revoked or amended without the consent of Congress.
🧾 Key Takeaways:
Article XXI was vital to New Mexico’s admission into the Union.
It guarantees religious freedom, language rights, public education, tribal sovereignty, and equal protection.
It ensures federal oversight of certain lands and protects minority rights, especially for Spanish speakers and Native Americans.
It is a permanent agreement—changes require Congressional approval.
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