#1 New Mexico Law and Politics: State Constitutional Distinctions

Flashcards covering the distinctions between the New Mexico State Constitution, other state constitutions, and the federal constitution, focusing on revenue provisions and judicial selection.

Federalism

The concept explored in this class regarding what makes New Mexico distinct from the federal government and other states.

State Constitutions (Length)

Constitutional documents that are ordinarily on the scale of $100$ pages, significantly longer than the federal constitution's approximately dozen pages.

The Disfavored Constitution

A work by Richard Briffault that details the history of revenue and expenditure provisions in state constitutions.

Great Panics of 1837 and 1839

Historical events that inspired constitutional conventions and reforms, particularly in New York, regarding public fisc and legislative decisions.

Balanced budget requirements

Constitutional constraints requiring that a state's expenditures balance with its incoming revenue each year, preventing states from running debt like the federal government.

Anti donation clause

An exemplar of a revenue and expenditure provision in state constitutions that acts as an anti-subsidy clause.

Public purpose provision

A clause common in other states but absent in New Mexico that grants legislatures the permission to provide subsidies if deemed for the public good.

No credit pledging clause

A constraint within the anti-donation clause stating that the state of New Mexico cannot guarantee or cosign the debt of a private corporation.

Anti gift clause

The portion of the anti-donation clause that serves as a straightforward anti-subsidy provision, often bypassed by the legislature via tax credits and scholarships.

Federal Judiciary Appointment

A process where judges are appointed by the president, confirmed by the senate, and serve for life terms.

Missouri system

A judicial selection method where a governor picks a judge from a vetted shortlist, and the judge is subsequently subject to non-partisan retention elections.

New Mexico Judicial Selection

A modified Missouri system where judges are picked by the governor from a shortlist, must win one partisan contested election, and then face retention elections.

57\%

The specific percentage of the vote a judge must clear in New Mexico in order to be successful in a retention election.