Proposed constitutional amendment · Draft
Affirming the Federal Compact Clause
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF NEW MEXICO BY ADDING SECTION 1A REGARDING INTERSTATE COMPACTS AND AGREEMENTS AND AMENDING SECTION 1 REGARDING THE SUPREME LAW OF THE LAND.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
It is proposed to amend Article II of the Constitution of New Mexico by adding a new section to read:
“Section 1A. Interstate Compacts and Agreements.
A.
The State of New Mexico reaffirms its duty of fidelity to the Constitution of the United States as the supreme law of the land. No agreement, compact, or arrangement with one or more other states, or with a foreign power, shall be entered into or maintained by the State of New Mexico, its officers, agencies, or political subdivisions, unless it complies fully with the requirements of Article I, Section 10 of the Constitution of the United States.
B.
Any interstate compact or agreement that increases the political power of the compacting states in a manner that may encroach upon the supremacy of the United States, or that materially impairs the sovereign rights of non-compacting states, shall require the explicit prior consent of the Congress of the United States before it may take effect within this State. Implicit or subsequent consent shall not suffice for any compact that alters the allocation of electoral votes for President and Vice President, the balance of power in federal elections, or the fundamental structure of the federal union.
C.
The legislature shall enact laws to ensure public notice, legislative approval by a two-thirds vote in each house, and judicial review of any proposed compact for compliance with this section before any such agreement is executed. This State shall withdraw from any existing compact that is later determined by the Supreme Court of the United States or the Supreme Court of New Mexico to violate the Compact Clause.”
SECTION 2.
It is proposed to amend Article II, Section 1 of the Constitution of New Mexico to read:
“Section 1. Supreme Law of the Land.
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. All officers and agencies of this State shall interpret and implement this Constitution in strict conformity with the Compact Clause and all other provisions of the federal Constitution.”
SECTION 3.
The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
Reference Material
Original introduction
Here is a carefully drafted proposed constitutional amendment for New Mexico that directly addresses your concerns about the [Affirming the Federal Compact Clause] (U.S. Const. Art. I, § 10, cl. 3).
Why This Language Works
- Reaffirmation + Modification: Builds directly on the existing Article II, Section 1 (supremacy clause) without replacing it.
- Stronger than current law: Explicitly requires prior explicit congressional consent for high-impact compacts (like NPVIC), going beyond the permissive U.S. Supreme Court functional test (Virginia v. Tennessee / U.S. Steel).
- Blocks NPVIC-style efforts: Specifically flags electoral vote allocation and federal election structure.
- Enforcement mechanisms: Requires supermajority legislative approval, public notice, and mandatory withdrawal if invalidated.
- Self-executing where possible: Creates a clear state-level barrier even if federal courts allow more flexibility.
How It Can Take Effect in New Mexico
New Mexico does not have citizen-initiated constitutional amendments. To place this on the ballot:
- A joint resolution must pass both houses of the Legislature by a simple majority.
- It goes to the voters at the next general election (or a special election if called).
- A simple majority of voters approving it ratifies the amendment.
You would need to:
- Find or recruit a state legislator (preferably in both chambers) to sponsor it.
- Build public and interest-group support (e.g., through petitions, town halls, or organizations focused on preserving the Electoral College).
- Time it for a legislative session (next regular session begins January 2027).
Additional supplied reference material
This amendment would function as a state-level safeguard that reinforces the federal Compact Clause and makes it much harder for future legislatures to join controversial compacts without clear congressional buy-in.
If you want adjustments (e.g., softer language, placement in a different article, or added details on withdrawal procedures), let me know and I can revise it. You can also share this draft with legislators or constitutional scholars for further polishing.
Drafting and source note
The two constitutional provisions above preserve the supplied wording. The explanatory assertions are retained here as the author’s rationale. The supplied two-thirds requirement concerns approval of compacts under the proposed provision; it is distinct from the legislative vote to refer a constitutional amendment.
Official New Mexico Constitution contains the existing Article II, Section 1 and the Article XIX amendment process.