Jornada New Mexico by Andrew Landwerlen

A Socio-Political Survey

Jornada New Mexico Mexico History

Andrew Martin S t u d e n t

G o v e r n m e n t

A c t i v i t i e s

S e c t i o n

Contents 1

SPANISH COLONIAL / MEXICAN PERIOD The Spanish Colonial Period. . . . . . . . . . . . . . . . . . . . . . . . . 6, 7 Spanish Land Grants. . . . . . . . . . . . . . . . . . . . . . . . . . 8-11 US Expansion & Manifest Destiny. . . . . . . . . . . . . . . . . . . . . . . 12 US Acquisition of New Mexico & Mexican American War. . . . . . . . . 13 -- 15 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-19

THE TERRITORIAL PERIOD Population And Territorial Growth. . . . . . . . . . . . . . . . . . . . . 20, 21 New Mexico and the Compromise of 1850. . . . . . . . . . . . . . . . . 22 Immigration and the Treaty of Guadalupe Hidalgo. . . . . . . . . . . . . . 23 The Civil War in New Mexico. . . . . . . . . . . . . . . . . . . . . . . . 24 Transportation and Expansion . . . . . . . . . . . . . . . . . . . . 26, 27 New Mexico Technology And Review . . . . . . . . . . . . . . . . . . 28, 29 New Mexico Railroads. . . . . . . . . . . . . . . . . . . . . . . . . 30, 31

STATEHOOD New Mexico Satehood . . . . . . . . . . . . . . . . . . . . . . . . . . 32, 33 Homesteading and Population Growth . . . . . . . . . . . . . . . . . 34, 35 Agriculture in the 1920s . . . . . . . . . . . . . . . . . . . . . . . . . 36, 37 The Health Seeker Era . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39

THE EARLY 20TH CENTURY The Bursum Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40, 41 New Mexico and the Dirty 30s . . . . . . . . . . . . . . . . . . . . . 42, 43 Jim Crow and Civil Rights. . . . . . . . . . . . . . . . . . . . . . . . . 44 Economic Diversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Oil and the Rise of the Automobile . . . . . . . . . . . . . . . . . . . . . 46 New Mexico and the New Deal . . . . . . . . . . . . . . . . . . . . 48, 49 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50-56 The Study of History, Models and Modalities . . . . . . . . . . . . . . . . 57

Contents 5 WORLD WAR 11 Native Americans in World War II . . . . . . . . . . . . . . . . . . . . . 58, 59 The Code Talkers. . . . . . . . . . . . . . . . . . . . . . . . . . . 60, 61 Japanese Interment Camps . . . . . . . . . . . . . . . . . . . . . . . . 62, 63 New Mexico National Guard . . . . . . . . . . . . . . . . . . . . . . 64, 65 The Bataan Death March. . . . . . . . . . . . . . . . . . . . . . . . . 66 The Manhattan Project. . . . . . . . . . . . . . . . . . . . . . . . 66, 67 Los Alamos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68, 69 The US Military in New Mexico . . . . . . . . . . . . . . . . . . . . . . 70 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71-73 6

BLOOD OF THE LAND Water in New Mexico. . . . . . . . . . . . . . . . . . . . . . . . . . . 74, 75 Early Water Use in New Mexico. . . . . . . . . . . . . . . . . . . . . . 76 The Acequia Culture in new Mexico . . . . . . . . . . . . . . . . . . . . . . 77 Water Allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . 78, 79 Water Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80, 81 Doctrine of Prior Appropriation . . . . . . . . . . . . . . . . . . . . 82, 83 Drought in the Late 20th Century . . . . . . . . . . . . . . . . . . . . . 83 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 -- 91

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Contents

7 GOVERNMENT Democratic Law in New Mexico. . . . . . . . . . . . . . . . . . . . . . . . 93 Direct and Representative Democracy . . . . . . . . . . . . . . . . . . . 94 Precidents Codified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 The New Mexican Constitution . . . . . . . . . . . . . . . . . . . . . 95, 96 Constitutional Revision. . . . . . . . . . . . . . . . . . . . . . . . . . 96 Constitutional Review. . . . . . . . . . . . . . . . . . . . . . . . . 97, 98 NEW MEXICO STATE GOVERNMENT Full Faith and Credit; Reciprocal Recognition of Interstate Authority. . . . . 100 How Bill Becomes Law . . . . . . . . . . . . . . . . . . . . . . . 101, 112 The Legislative Process. . . . . . . . . . . . . . . . . . . . . . . 103, 104 The Legislative Process Review. . . . . . . . . . . . . . . . . . . . . . 115 How a Bill is Written. . . . . . . . . . . . . . . . . . . . . . . 106-- 108 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I09-114 Branches of New Mexico State Government The Executive Branch . . . . . . . . . . . . . . . . . . . . . . . . 115, 116 The Judicial Branch. . . . . . . . . . . . . . . . . . . . . . . . . . . 117 The Legislative Branch . . . . . . . . . . . . . . . . . . . . . . . . . 118 Impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Native American Sovereignty. . . . . . . . . . . . . . . . . . . . 121, 122 Tribal Gaming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Native American Cultural Properties. . . . . . . . . . . . . . . . . . . 123 Native American Government. . . . . . . . . . . . . . . . . . . . . . 124 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125, 126 Community Standards Codified. . . . . . . . . . . . . . . . . . . . . 127 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128--134 New Mexico Symbols . . . . . . . . . . . . . . . . . . . . . . . . 135, 136 The Right to Vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Sustainable Communities . . . . . . . . . . . . . . . . . . . . . . . . 138 Renewable Energy. . . . . . . . . . . . . . . . . . . . . . . . 139 -- 141 Minority Majority State . . . . . . . . . . . . . . . . . . . . . . . . . 142 New Mexico Economy . . . . . . . . . . . . . . . . . . . . . . . . . 143 State Tax Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145, 146 Leadership . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 -- 149

Jornada New Mexico

ornada is a Spanish verb for which an English equivalent is Journey. From this you may rightly infer that we are proposing a literary excursion through aspects of New Mexico’s place, politics and people - past and present. But these are in truth, only points of departure along a path that we will not together, be able to complete.

How could we?

Comprised of more than 121,355 square miles, shaped by a geologic history half as old as the planet and crowned by mountains that soar over a landscape which itself stands more than a mile above sea level, New Mexico is by any calculation immense - simply immense.

Take for example New Mexico’s principal river, the Rio Grande. Through this iconic artery courses our states lifeblood, and it’s ancestral fate and fortune. Ten millennia of New Mexicans have been sustained by the sparkling two thousand mile enigma, yet this heroic river is, in relative terms, an insignificant trickling above the monstrous breach that yawns below, a chasm so immense that it could casually hold seven Grand Canyons in its maw.

Consider that within New Mexico’s austere borders our ancestors hunted mammoths, cut sweeping stone castles from sheer precipices, crossed mountains and deserts searching for seven cities of gold, and combined staff and steel with traditions of earth and stone to create a culture as extraordinary as it is unique in all the world.

The twentieth century alone has seen an evolution of unparalleled proportion. One in which satellites and space travel replaced horse and wagon; even as secrets conjured in covert isolation changed the world forever, trading a legacy of terrifying proportion for the promise of peace.

All of this notwithstanding, one thing is certain. The most compelling part of New Mexico’s extraordinary narrative will not be found in this book. Nor can it be discovered in any book yet written, because as always, the most intriguing part of any journey lies in the road ahead, one of unimagined vistas, to be discovered by facile minds and open hearts.

Enjoy your journey

Questionable Judgment;

Journey of the Dead Man.

he “Kings Highway” was the primary conduit linking Mexico City with the population centers of Albuquerque and Santa Fe. In addition to the brisk 1200 mile walk, travel from the Viceroyalty in Mexico to northern Spanish Colonies of New Mexico, had a singular, troubling aspect, -a predictable fight for survival against the Jornada del Muerto, the Journey of the Dead Man. A treacherous adversary, the Jornada possessed an intimidatingly lethal arsenal that included a merciless environment, murderously toxic reptiles, and a native population capable of the most vigorous expressions of incivility. It is generally acknowledged that inhospitable Indians aside, primary contributing factors to the Jornada’s unapologetic antagonism to human trespass was and remains the twin corrupting influences of climate and geology. Rainfall, at once so generously bestowed upon the mountainous regions of New Mexico’s northern latitudes, appears to have little interest in visiting this austere south-central region of the state (a fact to which a precipitation rate of 0-6 inches per year can most abysmally attest).

Then there is the soberingly off-putting aspect of the Jornada’s geology. Isolated from the languid paralleling refuge of the Rio Grande by a prodigious uplift known as the Caballo Mountains, caravans struggling across the blazing Jornada, aware that the largest, most abundant river in the state, is at once tantalizingly close but depressingly inaccessible, would all but certainly be inclined to wonder what incalculable miscalculation provoked such a dire situation. In short, given the sum of these redoubtable liabilities, the proposition of a defiant saunter through the Jornada del Muerto must have, upon reflection, been grimly reflected upon - such that pause, and ultimately hurried reconsideration would seem logically to have been a rational consequence. But the effect of all this furtive deliberation? Recurring years, decades and centuries full of weary Spanish, Mexican, and American travelers subjecting themselves to adversity and dubious fate on a deadly highway with it would seem, one unwavering objective in mind - the establishment of that which would one day become our great state of New Mexico built from plains to mountaintop upon pillars of strength, perseverance, courage and questionable judgment.

The Jornada del Muerto,

the Spanish Colonial Period

ew Mexican Governor Juan Trevino, consumed with a particularly virulent strain of dogmatic intolerance, a disease which in 1675, had poisoned Spanish-- Pueblo relations for more than 100 years, ordered the arrest of forty seven Pueblo Indians whom he accused of practicing witchcraft. Four were summarily sentenced to death, three were hanged and one took his own life. The rest were publicly beaten and sentenced to prison terms. Upon learning of the outrage, an armed Pueblo force moved against Spanish authority in Santa Fe and demanded the release of surviving captives. With limited defensive resources available at the time, the Governor relented and released the men. Among the survivors was a San Juan Indian named Pope’. Under his leadership the Pueblos formulated plans for a revolt, one which stands to this day the only successful Indian revolt against a European colonizing power.

El Paso. 400 Spanish colonists, priests, and soldiers and an untold number of Indians were killed in the uprising, leaving 2000 Spanish refugees alive to flee southward. Of these, approximately half made it to safety, the rest remain to this day, interred somewhere in the insatiable Jornada Del Muerto. After the Revolt and the destruction of Spanish churches, homes, livestock, crops and fruit trees, the Pueblo people returned to a state of social and political division. Even as unity had allowed them to prevail over Spanish imperial power, disaffection and power struggles precluded the unity, organization and common will necessary to effectively resist Spanish authority when it returned a little more than a decade later in 1692.

uring their 12 years of autonomy, the The Camino Real Pueblo felt the ab“Kings Highway” sence of the Spanish presence in at least one profoundly negative way; ineffective as it frequently In order to succeed, the revolt required coordinawas, Spanish military did provide a detion, communication and unity among the scatgree of protection against deadly Apache tered Pueblo tribes, a feature which for hundreds and Navajo raids, one of which resulted of years had been conspicuously lacking. Neverin the destruction of the Zia Pueblo, and theless, unity they needed and unity they got; the death of 600 inhabitants. Ultimately, such that Spanish survivors of the 1680 attack found themselves barricaded inside the Palace of it was fear proved the most singularly dethe Governors for 10 waterless days before desstructive force, as the Pueblo themselves peration inspired a final frantic flight. began to systematically abandon many of their fields, homes, cities and towns, knowing that upon their return Spanish repriOnce free of the city, survivors made their way sals would be swift and pitiless. Refugees along the Rio Grande Valley toward present day sought new, more easily defended sites, and the process left former villages to melt slowly into the earth from which they had been made. The Jornada del Muerto is a long barren stretch of largely uninhabitable desert which was for 300 years, an unavoidable and extremely perilous leg of North America’s first international highway, the Camino Real. It has been estimated that lives claimed in this treacherous part of the Chihuahuan Desert amount to an average of one gravestone every 200 feet of its 90 mile length.

panish colonial l

eprisals did eventually come to the Pueblo after 1692, with the Spanish re-conquest of New Mexico. While hundreds of Indians died in the process, subsequent Spanish Pueblo relations did eventually improve, largely through the actions of a Spanish authority disposed to greater religious tolerance and fewer uprisings.

The relative peace of the 18th century improved conditions for both the Pueblo and Spanish colonists; but there was nevertheless little to recommend Spainâ&#x20AC;&#x2122;s northern colonies to potential settlers. This was particularly troubling to a government that had already made significant investment in attempts to populate her northern borders. The most striking and irreconcilable impediments to growth were the twin devils of distance and poverty. This fact was reinforced with each passing week, year and decade by cumulative, irrefutable evidence that distance would scarcely contract, and fortune was unlikely to rise from the earth, (authority of pick, plow and King notwithstanding).

Over time this evidence transformed the hope for prosperity and a comfortable life to a prayer for sustenance and survival. If such petitions were mi-

raculously answered, the shock of a single Indian raid could in an instant, destroy all that industry and providence had granted, taking, likely as not, the life of the petitioner as well.

These formidable impediments required of a Spanish crown eager to see her colonies grow and prosper, enticements sufficient to overbalance such well established obstacles. That the single most compelling incentive happened to be the thing that New Mexico possessed in greatest abundance, meant that Spain had the power to reward, cajole, bribe or otherwise motivate recalcitrant settlers, against better judgement, northward to the promise of free land.

Spanish La

Spanish land grants were liberally distributed between the years 1598 to 1821. They remain perhaps the single most farreaching legacy of the Spanish colonial period, carrying with them a heritage that remains consequential to generations of New Mexicans, and consequently New Mexicoâ&#x20AC;&#x2122;s civil and criminal courts as well.

All of New Mexicoâ&#x20AC;&#x2122;s Pueblos currently exist within reservations established during the Spanish colonial era

land grants

ue to the destruction of Spanish land-grant records during the Pueblo Revolt, relevant documents date only from 1692, and the reestablishment of Spanish colonial rule. This fact had the effect of erasing nearly 100 years of land acquisition and transfer in New Mexico, and had a the predictable consequence of conflicting claims. Pueblo Grants

nd Grants

All of New Mexico’s Pueblos currently exist within reservations that were founded during the Spanish colonial era. These were among the earliest grants made by the Spanish government, and have enjoyed the greatest intergovernmental respect and longevity, accepted and codified through the Mexican Period, US territorial Period, Statehood, and ratified through international treaty, despite repeated legal challenges. Private Grants These grants were typically made to individuals as a reward for service to the Spanish Crown. Grants of this type were intended for the personal use of individuals and their families. Because they were private property, the land could be sold by their owner, they were unique among territorial grants made to indigenous people. Community Grants These were perhaps the most common and from the standpoint of the issuing government, the most important type of grant. Granted during both the Spanish and Mexican periods, these allocations were seen by both countries as vitally important to the security of their northern borders, and were therefore bestowed generously in quantity and size, (the Maxwell grant being at one time the largest private land holding in the world). A common feature of this type of grant was a preserve intended for common use, to be maintained in perpetuity for the benefit of all settlers. Beneficiaries of the

While New Mexico was sparsely populated in 1821 it had approximately 6 times as many citizens as both Spanish California and Texas with populations of 3200 and 2500 respectively. In addition Santa Fe was the most important overland trade axis the region. And the only viable link between the United States and Mexico.

grant had communal access to these lands for both recreational and commercial purposes, allowing them to raise sheep, gather firewood, hunt and otherwise utilize the resources as necessary to provide for themselves and their families.

An important element of both the Spanish and Mexican community land grants was a mandate that beneficiaries would not only reside upon the land for a prescribed period of time, but that they would also demonstrate grant land was being profitably used. This was an important feature that continues to inform contemporary water policy throughout the Southwestern United States.

Upon the legal establishment of land-grant boundaries, ownership, and land-use conditions, beneficiaries were required to participate in a ritualized procedure indicating acceptance of and responsibility for practical stewardship of the land. One such procedure included mandates for physically touching the soil and making witnessed commitments to live on, improve, and defend the property with one’s life should the necessity arise. “. . . they understood . . . [so] I took them by the hand and walked them through the said lands, they pulled up grass, threw stones, and shouted to the four winds three times in strong voices, ‘Long live the King and may God Guard Him,’ all as a sign of true possession . . .” If the authority of documents stipulating Spanish land grants diminished after 1821, and the end of the Spanish hegemony, they were subject to even greater scrutiny after 1846, when the United States took possession of New Mexico at the start of the Mexican American War. Upon judicial review, fewer than 10% of grants from either the Spanish or Mexican periods were legally upheld. This too many appeared to contradict terms of the mandates established by the Treaty of Guadalupe Hidalgo - stipulating a retention of property rights for Mexican citizens who chose to remain in the United States. Particularly interesting is the number of titles declared invalid and lost because petitioners could not prove that they or their ancestors had completed the physical ritual stipulated for formal possession.

New Mexico Population Estimates, 1600-1850 Date 1600 1609 1620 1638 1680 1749 1800 1820

Spanish 700 60 800 800 1,470 4,353 19,276 28,436

Pueblo 80,000 ? 17,000 40,000 17,000 10,658 9,732 9,923

panish colon

hen in 1848 the Treaty of GuadalupeHidalgo was accepted by Mexico, and ratified by the U.S. Congress, and established, among other things, New Mexico’s status as a region belonging to the United States. Components of the treaty held certain civil and personal rights sacrosanct, among them Article 8, asserting: “property of every kind now belonging to Mexicans not established there shall be inviolably respected.” In 1854 the U.S. government created the office of the Surveyor General of New Mexico in order to ascertain “the origin, nature, character, and extent of all claims to lands under the laws, usages, and customs of Spain and Mexico.” These duties included making recommendations to Congress concerning the validity of land grant claims. The Surveyor General considered approximately 180 claims (excluding Pueblo grants) and confirmed 46 non-Pueblo grants. In 1891 the US government established the Court of Private Land Claims to adjudicate land grant claims in New Mexico and other states. Over its thirteen-year history the Court

considered 282 claims to land grants in New Mexico and confirmed 82 of these grants. Throughout the 20th century, legal battles over land grant claims continued in New Mexico’s district courts. In the late 1990s New Mexico’s congressional delegation attempted to pass federal legislation that would establish an entity to reconsider the confirmation of Spanish and Mexican period land grants and the validity of decisions previously made by the Surveyor General and the Court of Private Land Claims. However, many of the questions associated with these claims remain unanswered.

Spanish land grants were given to the Pueblo people in order to secure in perpetuity, lands which they had traditionally inhabited. vestitures which had been recognized for nearly 150 years when in 1846, the United States occupied New Mexico after a blodless assault

Army of the West Marching into Santa Fe

nial land grants

Ti e r ra A m a r i l l a

rchaeological evidence indicates that the Chama R iver Valley has been inhabited for at least 5000 years, with many sites attr ibuted to the ancestral Pueblo. The area at one time ser ved as a trade route for peo ple in the four cor ners region link ing it with ear ly settlements in the R io Grande Valley. I n the 18th and 19th centur ies Navajo used the valley as a staging area for raids against Spanish and Pueblo settlements along the R io Grande. Later the valley became a staging point for west ward migration dur ing the gold rush up the middle 19th centur y. The Tier ra Amar illa Land- grant was estab lished by the M exican gover nment in 1832 for M anuel M ar tinez and settlers in around Abiquiu New M exico. At the time it was es tablished, the grant land covered a much larger more amor phous area of nor ther n New M exico than the contemporar y commu nit y k nown as Ter ra Amar illa cur rently oc cupies. Never theless, over the first 30 years of its existence, grant holders were unable to maintain a per manent settlement due to raids by the S outher n U tes, Navajo, and Jicar illa Apache, leading some to question the validit y of Spanish land claims. I n 1860 the U.S. Congress recognized the land- grant as pr ivate rather than a com munit y grant due, a judgement stemming in par t from mistranslated and concealed documents. This finding allowed substantial por tions of the grant to be sold dur ing the late 19th centur y to land speculators. I n 1880, Thomas Catron, a speculator who

had acquired a large amount of grant land, sold por tions to the D enver and R io Grande R ailroad, giving him the financial resources to purchase even greater quantities and al lowing him by 1883, to consolidate holdin gs equal to the totalit y of the grant less the or iginal villages and their associated fields. A lawsuit in 1950 brought by descendents of M ar tinez disputed the legitimac y of land transfers and sought to reclaim communal grant land. The cour t held for the defen dants, asser ting the validit y of land sales. I n 1967, the Alianza Federal de M ercedes, a civil r ights organization led by R eles Tijer ina, raided the R io Ar r iba Count y Cour thouse, in the town of Tier ra Amar illa, and attempted a citizens ar rest of the distr ic t attor ney in order â&#x20AC;&#x153; to bring attention to the unscrupulous mea ns by which governments a nd A nglo settlers had usurp e d Hispa nic s la nd- gra nt prop er tiesâ&#x20AC;?. An ar med struggle in the cour thouse led eventually to the involvement of the National Guard, FBI, and New M exico State police, who pursued Tijer nia when he fled the cour thouse with hostages. Tiner nia was taken into custody at a natural amphitheater near present day Ghost R anch, and charged with numerous cr iminal ac ts includ ing k idnapping The event achieved, at least in par t, its stated goal by br inging the issue of H ispanic r ights before the national media. This did not however result in a remediation of established land- grant polic y or an adjustment of title in the case of the Tier ra Amar illa land- grant. Tijer nia, for his effor ts received a three -year pr ison sentence.

US expansion and

ames Polk won the the 49th parallel, an accord with terms of long-standing presidential election in 1844 by two per- American proposals. It also gave President Polk an imporcentage points. The narrow margin of victory tant win in the first of his two stated initiatives.

meant that there was little political capital to invest in his administration’s expansionist initiatives. His pledge to limit himself to a single term meant that US territorial expansion from the Mississippi River to the Pacific Ocean would have to be accomplished with little bipartisan support and within the span of four years. Initially the United States would acquire the Oregon territory from England, which since 1818 had been jointly occupied by both the UK and United States. Then, according to administration proposition, it would have to somehow convince Mexico to concede approximately half of its territorial holdings as well.

By 1846, there was, beyond the Presidents four year limitation, another compelling reason for alacrity in the achievement of territorial concessions from Mexico. Spain and France had both evinced an interest in opportunities presented by a nation weakened by centuries of colonial occupation and a devastating 11 year struggle with Spain for inde“Since the union was formed the pendence.

number of states has increased from 13 to 28. Foreign powers do not seem to appreciate the true character of our government. To enlarge its limits is to extend the dominion of peace over additional territory” -President James K. Polk

In order to accomplish both of these objectives, Polk needed the support of a Congress already divided on the subject of slavery. This he believed he could achieve through the balanced acquisition of both the anti-slave territory of Oregon and the pro-slave Republic of Texas, however even with these largely popular acquisitions, the polarizing nature of his ardent pro slavery stance created difficulties among ardent aiti-slavery Republicans in the legislature.

So, within months of the annexation of Texas, the administration’s attention turned to issues related the acquisition of the New Mexican territory. This province was an especially important piece of the continental puzzle, the assembly of which, political objectives aside, was asserted to have been ordained by God, and codified under the terms of Manifest Destiny. Absent the territorial acquisition of New Mexico, unfettered access the deepwater harbors along the California coast, particularly San Francisco Bay would have been impossible, and without San Francisco Bay, access to world markets would have likewise been unacceptably constrained.

Within the first two years of Polk’s term, all of his fundamental assumptions were proved, patriotic fervor upheld his declaration of war against Mexico and popular embrace of expansionist principles provided sufficient political support for the administrations major policy goals. For twenty five years, US offers to divide the Oregon territory along the 49th parallel had been rejected, due largely to Britain’s valuable commercial interests along the Columbia River. But after the election of 1844, Democratic expansionists in the house rallied around the cry; 54 40 or fight, implying that the United States was prepared to go to war should Great Britain fail to agree to the establishment of an international boundary at the 54th parallel. Compromise was diplomatically reached with the Oregon Treaty of 1846 establishing the Oregon boundary at

Painted in 1872, “Spirit of the Frontier” illustrated the concept of Manifest Destiny, the religious belief that the United States was ordained by God to expand its borders from the Atlantic to Pacific Ocean

manifesT dESTINY

he United States annexed Texas in 1845, the same year, President Polk sent diplomat John Slidell to Mexico for low-key meetings with Mexican President Herrera. The purpose of the meetings was a desire on the part of the US to quietly purchase New Mexico and California for between $20 and $30 million.

The popular understanding in Mexico was that Slidell was in Mexico City in order to offer compensation for the loss of Texas. When it became known that the diplomat was there in an attempt to purchase additional territory there was an immediate and thunderous outcry. The Mexican government, bowing to popular demand, refused to meet with the Slidell, by formally refusing to recognize his credentials. The furious US diplomat returned to Washington, and in January, the following year, the US sent troops into territory lying between the Nueces River and the Rio Grande.

The Thornton Affair - the Polk Administrations justification for war with Mexico

n the waning days of the 1845, public fury with Mexican President Herrera, was echoed and amplified by newspapers that railed against his apparent willingness to negotiate with the US for the sale of even greater portions of the country’s northern territory than had already been lost through America’s recent annexation of Texas, and he was replaced. The following administration refused to consider the sale of Mexican territory to the United States Immediately upon the elimination of negotiations, US forces under the command of General Zachary Taylor moved to occupy territory along the Rio Grande, an act of aggression which, it was pointed out by Mexican diplomats, stood in violation of the Treaty of Limits to which the US had been a signatory since January of 1828. To the Mexican people this was an outrage, more

egregious than America’s annexation of Texas. The Mexican press and popular protest demanded protection of the territory, insisting that the new president Mariano Paredes y Arrillaga, send troops into the region. Within months, both Mexican and American commanders had ordered regular reconnaissance missions along both sides of the Rio Grande River. The all but inevitable result was a violent encounter between US and Mexican troops which came to be known as the Thornton affair, so named for a US officer killed in the battle. Neither Mexican consideration for the return of wounded US soldiers nor legitimate questions related to the sovereignty of the region mitigated the response of the US president, Congress, or the sentiments of a majority of the American people. The result was an end to diplomatic relations and a Congressional declaration of war on May 13, 1846, a declaration which had been requested by President Polk two days earlier.

US occupation of New Mexico

he US asserted that its declaration of war, occupation of Matamoros, and the blockade of the Mexican ports of Tampico and Veracruz, were defensive actions taken in response to the territorial aggression of a hostile neighbor. This assertion was dismissed as whitewash by the Republican leadership in the US House, and particularly by a junior Representative named Abraham Lincoln. The US attacks were also decried in the Mexican press as transparent political cover, an attempted obfuscation of the fact that it had long been the intent of the United States to take possession of the region by any means necessary.

The U.S. Army advanced southward to Las Vegas, where on August 15, Gen. Kerry informed citizens of the city that they were no longer under Mexican sovereignty. He went on to announce that he replaced Armijo as Governor, and pledged to respect their Catholic religion as well as all personal and property rights. A day earlier New Mexican Governor Manuel Armijo had ordered his volunteers to Apache Canyon east of Santa Fe to defend the city against the US invasion. However, upon his arrival on 16 August, he quickly informed his men that they would not oppose the US advance, then immediately retreated to Chihuahua with 75 dragoons, and a substantial quantity of silver. On 18 August Gen. Kearny and his troops arrived in Santa Fe, and under the silent but watchful eyes of its citizens, took formal possession of the city without incident.

In the months after the outbreak of the MexicanAmerican war, Steven Kearny was chosen, largely due to his familiarity with routes across the Great Plains, to become the commander That afternoon, at an assembly in front of the Army of the West. Kearny spent of the Palace of the Governors in SanMay and June of 1846 organizing the ta Fe, the acting governor, Juan Bauarmy which consisted of two battertista Vigil, asserted that decisions ies of artillery, three squadrons of of national sovereignty were not dragoons, a regiment of cavalry and to be decided locally, the decision two companies of infantry, together rested rather with officials in Mexico totaling approximately 1750 men. City and Washington, adding “don’t The army marched in late June over the be surprised that among us there has Santa Fe Trail to the Arkansas River near been no love or manifestation of joy and Steven Kearny Bent’s Fort. On August 2, Gen. Kearny sent enthusiasm in seeing the city occupied by Capt. Philip St. George Cooke ahead to New Mexico your military forces. For us the power of the Mexican with a flag of truce, hoping to negotiate a peaceful Republic is dead. No matter what her condition, she surrender of New Mexico. Gov. Manuel Armijo, refused was our mother. What child will not shed abundant to capitulate and issued a call to arms which resulted tears at the tomb of his parents?” in the assembly of a largely untrained crowd of New Mexican civilians. At this time another US emissary, On September 22, acting as military governor, Kearny James Magoffin once again met with Gov. Armijo to appointed Charles Bent Gov. and issued the “Kearny urge them not to fight. Widespread speculation that code”, the first set of laws enacted for New Mexico this entreaty was attented by a substantial bribe not- under US sovereignty. The codes were based on elewithstanding, Kearneys Army of the West marched ments of both US and Mexican laws and became the across New Mexicos northern border and into Mexican basis for criminal and civil code until 1885. territory unopposed.

he final blow to General Antonio Lopez de Santa Anna and his armyâ&#x20AC;&#x2122;s defense of Mexico City came on September 13 and 14. U.S. forces pursued the retreating Mexican Army to the gates of the Mexico City. In fighting that lasted throughout the afternoon of September 13, 1847 Americans killed or captured approximately 3,000 Mexican troops, while suffering 800 casualties of their own. That night, U.S. General Winfield Scott ordered his commands to reorganize, consolidate, and prepare for house-to-house fighting the following day.

However, the light of the following day found the Mexican army and government in a state of chaos with Americans inside the gates and in control of the

New Mexico in the United States

he Treaty of Guadalupe Hidalgo formally ended the U.S.-Mexican War. Signed on 2 February 1848, it is the longest standing treaty still in force between the United States and Mexico, and an accord, by which the United States acquired more than 500,000 square miles of valuable territory and emerged as a world power. The treaty offered by the United States to end hostilities was carried to Mexico by Nicholas P. Trist, the U.S. peace commissioner, in the summer of 1847. In its draft form it called for the cession of Alta and Baja California and New Mexico, the right of transit across the Tehuantepec isthmus, and established the Rio Grande as the southern border of Texas. In exchange the United States would pay up to $20 million to Mexico and assume up to $3 million in U.S. citizensâ&#x20AC;&#x2122; claims against Mexico. In subsequent negotiations the demand for Baja California and the right of transit were dropped. The Treaty of Guadalupe Hidalgo set the standard not only for political relations between the two countries but set out specific civil mandates as well. Interpretations of the provisions of the treaty have been impor-

roads to the south and west. At this point officials believed that the war was lost and feared that the capital city would become a battleground. Santa Anna, persuaded that the struggle was no longer worth the cost of additional lives and property, led the battered remnants of the Mexican national army out of the city.

In the early hours of September 14, instead of having to fight his way house by house through the city, Scott received a delegation of Mexican politicians who surrendered their city to him unconditionally. It had taken U.S. Army only seven months from the beginning of the ground campaign in Mexico to achieve the surrender of the Mexican Capitol.

tant in settling disputes over international boundaries, water and mineral rights, as well as the civil and property rights of the descendants of the Mexicans in the ceded territories. Since 1848 there have been hundreds of court cases citing the Treaty of Guadalupe Hidalgo as a basis for land claims, many of which relate to Spanish land grants dating from 1692. Provisions in the treaty guaranteeing both civil and property rights notwithstanding, Native Americans in the ceded territories, who were Mexican citizens prior to 1846, were not given full U.S. citizenship until the 1930s, while former Mexican citizens were generally seen as foreigners many U.S. settlers who subsequently moved into the new territories. In the first half century after ratification of the Treaty of Guadalupe Hidalgo, hundreds of state, territorial, and federal legal bodies produced conflicting opinions and decisions bearing on the specific meaning and peripheral implications of the treaty. The property rights ostensibly guaranteed in Articles VIII and IX of the treaty (and in the Protocol of Queretaro) were questioned in U.S. courts, where claims of former Mexican citizens in California, New Mexico, and Texas proved to be so fragile that only about 10% were eventually upheld.

Spanish colonial land grants thoughts and considerations 1. SUMMARIZE EVENTS SURROUNDING THE PUEBLO UPRISING OF 1680. ANSWER: DECADES OF RELIGIOUS INTOLERANCE COMBINED WITH BRUTAL TREATMENT CULMINATED IN THE ARREST OF 47 PUEBLO INDIANS FOR WITCHCRAFT. ONE OF WHOM, POPE, INCITED REVOLT.. 2. HOW LONG DID PUEBLO AUTONOMY LAST SUBSEQUENT TO THE UPRISING? ANSWER: 12 YEARS 3. WERE THERE NEGATIVE CONSEQUENCES TO THE PUEBLO REVOLT FOR THE INDIANS? ANSWER: THERE WAS A PERIOD OF WIDESPREAD DESTRUCTION FOR A NUMBER OF PUEBLO VILLAGES 4. EXPLAIN THE IMPACT ON SPANISH LAND GRANTS OF THE PUEBLO UPRISING 1680? ANSWER: RECORDS OF NEW MEXICO’S EARLIEST PRIVATE LAND HOLDINGSWERE DESTROYED IN THE UPRISING, WITH THE RESULT THAT THE EARLIEST GRANTS DATE FROM THE PERIOD SUBSEQUENT TO 1692 THE. AFTER SPANISH AUTHORITY WAS REESTABLISHED IN SANTA FE 5. DIFFERENTIATE THE VARIOUS TYPES OF SPANISH LAND GRANTS, WHAT WAS THEIR PURPOSE? ANSWER: LAND WAS A POLITICAL RESOURCE WHICH ALLOWED THE SPANISH MONARCHY, AND MEXICAN GOVERNMENT TO REWARD SERVICES AND EXPAND POPULATION INTO OUTLYING TERRITORIES. A PORTION OF THE LAND CONTAINED WITHIN MANY A SPANISH LAND-GRANT WAS RESERVED FOR COMMON USE AND BENEFIT OF ALL SETTLERS, SUCH WAS ALSO THE CASE RELATIVE TO SPANISH AND MEXICAN RECOGNITION OF INDIAN LAND, A STIPULATION WHICH WAS CARRIED FORWARD AFTER THE US OCCUPATION IN 1846. 5A. WHAT SIGNIFICANCE DID CONDITIONAL SPANISH LAND GRANTS HAVE RELATIVE TO CONTEMPORARY LAND RIGHTS ISSUES? ANSWER: LAND GRANTS RELATED TO COMMUNITY PROPERTY, AND INDIAN LAND WAS SET ASIDE AND RECOGNIZED BY MEXICAN AND US GOVERNMENTS AS SACROSANCT AND UNSALABLE, THIS FEATURE PRECLUDED TRANSFER OF TITLE TO SAIL AND WAS THE GENESIS FOR LEGISLATIVE AND LEGAL DISPUTE.

6. WHAT WERE SOME OF THE REQUIREMENTS MANDATED BY SPANISH LAND GRANTS? ANSWER: TYPICAL PROCEDURE REQUIRED POTENTIAL PROPERTY OWNER UNDER BOTH THE SPANISH AND MEXICAN LAND GRANTS SYSTEMS TO PHYSICALLY TOUCH THE SOIL AND MAKE A PUBLIC COMMITMENT TO LIVING ON IMPROVING IT AND ULTIMATELY DEFENDING IT WITH ONE’S LIFE IF NECESSARY. THIS WOULD BECOME A SIGNIFICANT ISSUE, AND A CENTRAL POINT OF CONTENTION WHEN IN THE LATE 19TH CENTURY LAND SPECULATORS QUESTIONED LONGSTANDING LAND GRANTS. 7. SUBSEQUENT TO THE US TAKEOVER OF NEW MEXICO WHAT WAS THE DEFINING DOCUMENT RELATIVE TO CODIFICATION OF SPANISH AND MEXICAN LAND GRANTS? ANSWER: THE TREATY OF GUADALUPE HIDALGO I

us tERRITORIAL ACQUISITION Thoughts and considerations

1. EXPLAIN SOME OF THE DIFFICULTIES ENCOUNTERED WITH CONTEMPORARY ADJUDICATION OF LAND-GRANT CLAIMS. ANSWER: THE UNITED STATES GOVERNMENT A POINTED A SURVEYOR GENERAL TO DETERMINE THE VALIDITY OF SPANISH AND MEXICAN LAND GRANTS IN 1891. US GOVERNMENT ALSO ESTABLISHED THE COURT OF PRIVATE LAND CLAIMS IN AN ATTEMPT TO QUIET TITLE TO NEARLY 300 CLAIMS, OF THESE ONLY 82 WERE CONFIRMED WHICH SET UP ADDITIONAL LEGAL BATTLES THAT CONTINUE TO NEW MEXICO’S DISTRICT COURT’S THROUGH THE 1990S. AT THIS POINT NEW MEXICO’S CONGRESSIONAL DELEGATION ATTEMPTED TO PASS FEDERAL LEGISLATION THAT WOULD RESULT FINALLY IN SETTLEMENT OF THESE CASES, ONE CONSEQUENCE WAS THAT MORE DISPUTES OVER INTERNATIONAL BOUNDARIES, WATER AND MINERAL RIGHTS, AND QUESTIONS THAT RELATE TO THE ENFORCEMENT OF PROVISIONS OF THE TREATY OF GUADALUPE HIDALGO WERE RAISED. 2. IN WHAT YEAR WAS NEW MEXICO TRANSFERRED FROM SPANISH TO MEXICAN AUTHORITY? ANSWER: NEW MEXICO BECAME MEXICAN IN 1821 WITH THE FALL OF COLONIAL SPAIN IN MEXICO 2A. WHAT EFFECT DID THE TRANSFER HAVE ON ESTABLISHED PROPERTY RIGHTS? ANSWER: MEXICO RECOGNIZED A MAJORITY OF PRE-EXISTING SPANISH LAND GRANTS ESSENTIALLY PASSING FORWARD AFTER THEIR 25 YEAR HAS REALLY TO THE UNITED STATES WHERE THEY CONTINUE TO BE EXAMINED AND CONSIDERED.

3. COMBINE WHAT YOU KNOW OF THE SANTA FE TRAIL NEW MEXICANS AUTONOMY AND TRADE ASSOCIATIONS WITH UNITED STATES, AND YOUR EXPLANATION OF THE BLOODLESS TAKEOVER OF NEW MEXICO BY THE UNITED STATES IN 1846 ANSWER: TRADE RELATIONS WITH THE UNITED STATES OPENED IN 1821 WITH THE FALL OF SPAIN. AS RELATIONS GREW AND MANUFACTURED COMMODITIES FROM UNITED STATES FLOODED SANTA FE AND NEW MEXICO AMERICANS BEGAN TO SETTLE IN NEW MEXICO. THESE ECONOMIC AND SOCIAL TIES WERE CONTRIBUTING FACTORS TO THE MINIMAL RESISTANCE EXPERIENCED BY THE U.S. ARMY WHEN IT TOOK CONTROL OF NEW MEXICO IN 1846.

us tERRITORIAL ACQUISITION Thoughts and considerations

1. WHAT WAS THE PURPOSE OF SPANISH LAND GRANTS? ANSWER: TO POPULATE THE NORTHERN BORDER OF THE SPANISH, AND LATER MEXICAN TERRITORY IN THE AMERICAN SOUTHWEST. 2. WHICH ARTICLE IN THE TREATY OF THE TREATY OF GUADALUPE HIDALGO STIPULATED ACKNOWLEDGMENT AND RESPECT FOR FOR MEXICAN PERSONAL PROPERTY SUBSEQUENT TO THE MEXICAN-AMERICAN WAR? ANSWER: ARTICLE 8, “PROPERTY OF EVERY KIND FELT LONGING TO MEXICANS ... SHALL BE RESPECTED”. 3. ANALYZE THE PURPOSE OF THE OFFICE OF THE SURVEYOR GENERAL IN NEW MEXICO. ANSWER: HE WAS ORDERED TO ASCERTAIN “THE ORIGIN NATURE AND CHARACTER AND EXTENT OF ALL CLAIMS TO LANDS UNDER THE LAWS, USAGES, AND CUSTOMS OF SPAIN AND MEXICO”. HIS DUTIES ALSO INCLUDE THE MANDATE DID HE MAKE RECOMMENDATIONS TO CONGRESS CONCERNING THE VALIDITY OF LAND GRANT CLAIMS. 4. WHAT WAS THE RATIONALE ESTABLISHED BY THE UNITED STATES CONGRESS USED BY CIVIL COURT TO ASSERT THE VALIDITY OF THE SALE OF LAND IN THE TIERRA AMARILLA LAND-GRANT? ANSWER: THE CONGRESS DETERMINED THAT THE GRANT WAS PRIVATE RATHER THAN COMMUNITYBASED AND AS A CONSEQUENCE SALES IN THE LAND COULD BE RECOGNIZED AS VALID TRANSFER OF TITLE. 5. ANALYZE THE PURPOSE OF THE RAID ON THE RIO ARRIBA COUNTY COURTHOUSE BY THE ALIANZA FEDERAL DE MERCEDES. ANSWER: IT WAS THEIR INTENTION TO RAISE AWARENESS CONCERNING WHAT THEY SAW AS UNSCRUPULOUS MEANS BY WHICH GOVERNMENTS AND ANGLO SETTLERS HAD USURPED HISPANICS LAND-GRANT PROPERTIES. 6. TO SUMMARIZE THE TWO PRIMARY OBJECTIVES OF THE POLK ADMINISTRATION. ANSWER: US TERRITORIAL EXPANSION FROM THE MISSISSIPPI RIVER TO THE PACIFIC OCEAN, WHICH MANDATED THE ANNEXATION OF THE OREGON TERRITORY, AND A SUBSTANTIAL REGION OF NORTHERN MEXICO, INCLUDING THE NEW MEXICO TERRITORIES. 7. EXPLAIN MANIFEST DESTINY. ANSWER: THE ASSERTION THAT THE UNITED STATES HAD BY DIVINE MANDATE A RIGHT TO ALL LAND FROM THE PACIFIC TO ATLANTIC OCEAN. 8. WHAT WAS THE PURPOSE OF JOHN SLIDELL’S DIPLOMATIC MISSION TO MEXICO IN 1845? ANSWER: HE WAS AUTHORIZED TO PURCHASE FROM MEXICO THE TERRITORIES OF NEW MEXICO AND CALIFORNIA FOR BETWEEN 20 AND $30 MILLION.

us tERRITORIAL ACQUISITION Thoughts and considerations

8A. HYPOTHESIZE THE POTENTIAL RESULT OF THE SUCCESSFUL COMPLETION OF SLIDELL’S DIPLOMATIC MISSION. ANSWER: ANSWERS WILL VARY, THOUGH IT WOULD BE A REASONABLE PRESUMPTION TO ASSUME THAT THE MEXICAN-AMERICAN WAR WOULD NEVER HAVE TAKEN PLACE GIVEN THAT THE US WOULD HAVE ACHIEVED ITS EXPANSIONIST GOALS. 9. WHAT WAS THE RESULT OF THIS OVERTURE? MEXICAN PRESIDENT HARRERA REFUSED TO SEE THE US DIPLOMAT, AND THE US SENT TROOPS INTO TERRITORY CLAIMED BY BOTH THE UNITED STATES AND MEXICO. 10. WHAT WAS THE THORNTON AFFAIR? SUMMARIZE ITS CONSEQUENCES. IT WAS THE VIOLENT ENCOUNTER BETWEEN US AND MEXICAN TROOPS, NAMED FOR A US OFFICER KILLED IN THE BATTLE. IT WAS ALSO THE RATIONALE FOR A DECLARATION OF WAR AGAINST MEXICO BY THE UNITED STATES. 11. WHAT WAS THE KEARNY CODE? NAMED FOR STEPHEN KEARNY, THESE WERE SET OF LAWS ENACTED FOR NEW MEXICO IN 1846, THEY WERE THE BASIS FOR BOTH CRIMINAL AND CIVIL CODE UNTIL 1885. 12. IN WHAT YEAR WAS THE TREATY GUADALUPE HIDALGO SIGNED? 1848 13. WHAT WAS ITS PURPOSE? IT ENDED THE MEXICAN-AMERICAN WAR AND ESTABLISHED RIGHTS OF BOTH MEXICAN AND US CITIZENS.

nEW mEXICO PRIOR TO STATEHOOD thoughts and CONSIDERATIONS

14. EXPLAIN THE TERM MANIFEST DESTINY, AND CONNECT IT TO EVENTS LEADING UP TO THE MEXICANAMERICAN WAR. ANSWER: THE TERM MANIFEST DESTINY WAS THE 19TH CENTURY RELIGIOUS BELIEF THAT THE UNITED STATES HAD A MANDATE FROM GOD TO EXPAND ITS TERRITORY FROM THE ATLANTIC TO PACIFIC OCEAN. IT WAS THE INTENT OF THE POLK ADMINISTRATION TO ACQUIRE ALL MIDCONTINENT LANDS NECESSARY TO ACCESS THE CALIFORNIA COAST, PRIMARILY SAN FRANCISCO BAY. THE COMMERCIAL IMPLICATIONS WERE SIGNIFICANT, OPENING WORLD MARKETS PARTICULARLY THOSE IN ASIA TO UNITED STATES EXPORT. 15. COMBINE ECONOMIC AND POLITICAL REALITIES IN THE YEARS FOLLOWING THE MEXICAN-AMERICAN WAR TO EXPLAIN NEED FOR AMERICA TO ACQUIRE MORE MEXICAN TERRITORY, AND SPECIFICALLY THE ACQUISITION OF DISPUTED TERRITORY WHICH MAKES UP THE SOUTHERN BORDER OF NEW MEXICO AND ARIZONA. ANSWER: THE ECONOMIC RATIONALE WAS THE CONSTRUCTION OF A TRANSCONTINENTAL RAIL SYSTEM THROUGH SOUTHERN STATES, WHICH WOULD AVOID HARSH WINTER WEATHER AND RUN YEAR ROUND. THE POLITICAL COMPONENT HAD TO DO WITH QUESTIONABLE SURVEYS ATTACHED TO THE TREATY OF GUADALUPE HIDALGO, WHICH WERE BASED ON MIS-DRAWN MAPS. 15A. WHAT IS THIS STRIP OF LAND KNOWN AS TODAY? ANSWER: THE GADSDEN PURCHASE

16. WHAT WAS THE LEGISLATION THAT CREATED THE NEW MEXICO TERRITORY? EXPLAIN THE UNDERLYING CAUSE FOR NEW MEXICO NOT BECOMING STATE AT THIS TIME. ANSWER THE LEGISLATION CREATING THE NEW MEXICO TERRITORY WAS THE COMPROMISE OF 1850, AND THE NEW MEXICAN BID FOR STATEHOOD WAS EFFECTIVELY KILLED AT THE TIME BECAUSE OF THE PREVAILING ANTI-SLAVERY STAND IN NEW MEXICO AND THE ANTITHESIS OF THE SOUTHERN VOTING BLOC IN CONGRESS TO AN ADDITIONAL ANTISLAVERY STATE.

NOTES

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opulation and territor

or two and a quarter centuries of Spanish rule, New Mexico had been little more than a remote outpost, a first line of defense against French and British colonial aggression. From 1821 to 1846 it had performed essentially the same function for Mexico. Now in 1848, for all intent and purpose, it appeared as though New Mexico once again found itself in a similar position. Relegated to the outer fringe of a nation that would likely perpetuate many of the same policies that had failed for centuries, and once again too far removed from the policy makers to influence matters that would determine her future.

One important issue which would have the effect of augmenting New Mexicoâ&#x20AC;&#x2122;s territorial holdings, received immediate attention in Washington. This related to a disputed piece of land straddling the New Mexico and Arizona border with Mexico. Ownership had been unsatisfactorily resolved under the terms of the Treaty of Guadalupe Hidalgo, the result of the inclusion of an outdated and disputed survey. The territory was of particular concern due to a proposed transcontinental railroad linking eastern states with California. In 1853 the United States entered negotiations with Mexico in an attempt to settle the question of ownership of the disputed territory. This time a chastened Mexico proved far more willing to negotiate than they had been in 1845. Additionally, only five years removed from the end of the Mexican-American war, Mexico was in the throes of deep depression and in desperate need of capi-

tal, all of which resulted in an agreement known as the Gadsden Purchase. Under the terms of this negotiation, United States acquired, for a payment of $10 million, the final piece of land needed to complete the political configuration of the continental United States as it appears today.

A primary reason that the Gadsden Purchase was of particular importance to the United States related to a proposed railroad, linking the east coast with California. And a primary catalysts for the establishment of rail service to California was the discovery of gold on the West Coast. The ensuing goldrush, which resulted in a massive westward migration of Americans would fill the cars westward, while presumptive shipments of gold, and trade from around the world, would then more easily find their way to commercial enterprises on the East Coast.

A majority of these so-called Forty Niners traveled the northern route, over the Oregon and California Trails, while others, fearing the dangers associated with mountain passes, a component of the northern route, chose the somewhat less difficult southern passage through New Mexico.

Negotiated in 1853 by John Gadsden, The Gadsden Purchase came about as a territorial dispute with Mexico, which was settled when the United States paid $10 million for the territory

ne result of people moving through the state was the establishment of regular stagecoach service from St. Louis. The Santa Fe Trail, long an established trade route from Missouri to Santa Fe, began to assume duties additional to those of purely commercial trade. This time the venerable east-west passage served the purpose of ferrying miners,

rial growth shopkeepers, tradesmen and their families to promised lands in the Western frontier.

The effects of growth in Anglo populations throughout New Mexico during mid-19th century were significant. The addition of coach stations, military outposts, and the issuance of US supply contracts led to the the attendant growth of roads and communities. This growth provide the ancillary benefit of job creation and improved infrastructure, which themselves would result in significant growth over the course of the following decades.

Benefits notwithstanding, the growth in Anglo commerce and population had a decidedly detrimental effect on aspects of Native American relations. Limited natural resources and territorial encroachment resulted almost inevitably in regional conflicts and an increase in Indian raids.

These underlying difficulties were consistent with those experienced by both the Spanish and Mexican governments. Each found the issues to be only slightly modulated by the expenditure of

The original North American free trade agreement. Merchants from the Santa Fe Trail arrive on the plaza in Santa Fe.

substantive financial and military resources. The combination of distance and difficult topography meant that meaningful protection of outlying districts and enforcement of territorial law was at best problematic.

As significant and dangerous as these problems were, they would be tolerated for a while longer. On the horizon was looming an even greater, concerted threat to the security of United States and its far-flung territorial possession.

For 60 Years the Santa Fe Trail succeeded in reorienting New Mexicoâ&#x20AC;&#x2122;s North/South trade compass to East/West with US manufactured goods gladly exchanged for silver.

New Mexico and

the compromise of 1850

ew Mexico made its first bid to become a state in 1848, following the end of the Mexican-American War. At that time, New Mexico was on record opposing slavery, and a memorial to Congress which attended the request for the establishment of territorial recognition, included the desire for federal protection against the imposition of slavery. Additionally, an unratified constitution drafted in 1850, attempted, in conjunction with a bid for statehood, a regional codification of the ban on slavery in New Mexico. These actions had the effect of alienating the powerful southern voting bloc in Congress, resulting in New Mexicoâ&#x20AC;&#x2122;s admission as a territory under the compromise of 1850. Under terms of the Compromise, California became a free state; New Mexico and Utah were admitted to the Union without restriction and the long-standing Texas New Mexico boundary dispute was resolved.

Until the Compromise of 1850, New Mexicoâ&#x20AC;&#x2122;s sentiments aligned far more with Northern, anti-slave policies than with Southern proslavery sentiment. However, over the course of the following decade, that alignment shifted, due in no small part to an influx of immigrants from Texas. This resulted in a substantial change to the New Mexico statehouse, one which fundamentally realigned in diametric opposition to abolitionism. In 1856, the territorial legislature demonstrated this change by passing laws curtailing the rights of free blacks. Three years later, it enacted the New Mexico Slave Code, which mandated criminal penalty for anyone found to be complicate in the act of freeing slaves. The law also spelled out a set of rights benefiting slave owners, detailing among other things, a range of acceptable brutalities against slaves. As a result, by 1860, it was widely believed that, in the event of civil war, New Mexico would side firmly with Southern states.

he Compromise of 1850 was a series of five legislative enactments, passed by the U.S. Congress during August and September 1850. These measures, largely the work of Senator Henry Clay of Kentucky, were designed to reconcile the political differences then dividing the antislavery and proslavery fac-

tions of Congress and the nation. The measures, sometimes referred to collectively as the Omnibus Bill, dealt chiefly with the question of whether slavery was to be allowed in the regions acquired from Mexico as a result of the Mexican War. Two of the five measures represented concessions by the South to the North, authorizing abolition of the slave trade in the District of Columbia and admission of California as a free state. The third bill, a substantial concession to the South, was the Fugitive Slave Law of 1850, which provided legal grounds for the return of runaway slaves found in Free states.

Immigration and the Treaty of Guadalupe Hidalgo

y 1849 the steady stream of American immigrants moving west had become a wave of humanity as Americans, confident that they would discover the portable mineral wealth which had eluded their Spanish counterparts for three centuries, packed what they could carry and headed west. The first obstacle was the highway itself, and the two that carried most 49ers to their fate were the Oregon and California Trails, the so-called northern routes. But as news of tragedy and death suffered on the treacherous mountain passes filtered back east, many immigrants decided to take a longer less dangerous route through southern territories, discovering, in the process, New Mexico. The commercial stage, which plied the Santa Fe Trail, had come into existence in the months following the end of the Mexican-American war and seats were a limited, highly desirable commodity. California gold strikes had made the allure of unimaginable wealth in Americaâ&#x20AC;&#x2122;s newly acquired western territories all but irresistible, and a place on the burgeoning coach service both expensive and scarce. But it was not only gold seekers vying for room in the small dust choked compartments of the early transcontinental stages. People of nearly every descent and discipline yielded in the second

half of the 19th century to an impulse to cast their fate to the west, a fate which ordained that they should become, if not rich, at least very well acquainted. US guarantees of citizenship, protection from hostile Indians and particularly, questionable enforcement of the sections of the Treaty of Guadalupe Hidalgo that related to Spanish and Mexican land grants, proved sufficient enticement for many lawyers and land speculators. Soon, they too began to fill the ranks of passengers on westbound stages. Eager to be among the first to find a legal Eldorado, law and title offices began to spring up in cities across the Terrritory. Much of the work that was produced by these quickly established agencies consisted of hundreds of civil suits, each contesting ownership of what cumulatively amounted to thousands of square miles of pristine New Mexico land.

The Butterfield Stage

he Civil War in New Mexico

romises made at the end of the M exicanAmer ican war not withstanding, the abilit y of the federal gover nment to protec t and de fend its new ter r itor y against I ndian att ack was minimal pr ior to 1860. The effor ts were however not without consequence, seen in ter ms of its positive effec t on the New M exican economy. The socioeconomic benefits of large -scale militar y spending in the New M exico ter r itor y were so significant, (and, long-lived as it would hap pen) that throug hout the third quar ter of the 19th centur y, the cumulative effec t of new ar my posts, supply contrac ts, sur veys and roads amounted to

an unprecedented economic boom for the region. I ndian raids and economic benefits aside, militar y spending in New M exico would, by 1861, be repur posed to another over arching pro blem, the salvation of a nation. I r reconcilable differences bet ween the Nor ther n and S outher n states tore at the binding fabr ic of the countr y, threatening the existence of the union and the future of the fledgling ter r itor y as well.

The Union Army at Gloria Pass near the end of the Civil War in New Mexico

New M exico was to play a pivotal role in the Amer ican Civil War. I n an attempt to bolster the financial needs of a Confederac y, cash-strapped by Union naval block ades in the Gulf, a plan to seize Califor nia and Colorado G old Fields was implemented. I n July of 1861 Confederate troops from Texas commanded by G en. Henr y Sibley br iefly occupied souther n New M exico, and subsequently moved up the R io Grande Valley, tak ing the cities of Albuquerque and S anta Fe en route to souther n Colorado. I n Februar y of the following year the Confederate ar my suffered a comprehensive defeat in the Battle of Glor ieta Pass, dur ing which they lost near ly all of their limited supplies, and were forced to withdraw to Texas. This signaled the effec tive close of the Civil War in New M exico,a fac t which allowed Union regulars, and Buffalo soldiers to engaged in comprehensive militar y campaigns against the Apache and Navajo and Comanche.

nEW mEXICO PRIOR TO STATEHOOD thoughts and CONSIDERATIONS

he need for wider dis tr ibution of manufac tured goods, coupled with the desire to mar ket mining and lum ber produc ts, meant that New M exico would gradu ally become more connec ted inter nally and increasingly to the rest of the United States dur ing it â&#x20AC;&#x2122;s long ter r itor ial per iod. The roads which were used by militar y par ticular ly those con nec ting for ts and other militar y outposts, were expanded and merged to trails and secondar y roads that led to mining camps and lumber mills. These new roads were improved and maintained by pr ivate busi ness, the militar y and stagecoach lines pr ior to the ar r ival of the railroads. The Butter field O ver land stage route which wove a circuitous path through Texas and New M exico before heading nor th through the R io Grande Valley. This stage line was for a shor t time an impor tant con nec tion bet ween St. Louis, M issour i and Stockton, Califor nia. Contrac ted by the Federal G over nment to car r y mail to the West Coast bet ween 1857 and 1869, the Butter field stage also transpor ted many prominent people, espe cially those wealthy enough to afford the cost of luxur y long- distance accommoda tion. As late as 1882, three years af ter the ar r ival of the first railroad in New M exico, 38 stage lines were still op erating throughout the state. However, as slow travel, fre quent breakdowns, and un predic table road conditions were over whelmed by the relative comfor t speed and reliabilit y of the moder n rail

ransportation ew Me

these lines gradually died out. A tr ip from K ansas Cit y to S anta Fe on the O ver land stage usually took 13 days of constant travel, and cost as much as $250 for a single passenger, while the railroad could make the same tr ip in about three days, with greater comfor t, and at a frac tion the cost. A notice in the Las Vegas G azette sums the disadvantages of the most traveled road in the ter r itor y at the time. â&#x20AC;&#x153;The 75 miles of road b et we en Las Ve gas a nd S a nta Fe ca n sa fel y b e set down as the worst k nown to the mo dern traveler. The route is a n old one. The greater p or tion of it has b e en a public thorough fa re for the last 50 yea rs. The succession of ruts a nd sunken places riders travel throughout the whole length disagre eable it is the worst road in the Unite d States over which there is a da il y passage.â&#x20AC;?

Las Vegas New

n in 19th century exico I n the decade following the opening of the S anta Fe Trail in 1821 traders from the United States evolved into a steady stream of emigrants enter ing New M exico ter r i tor y to stay as shop keepers, hunters, and far mers increasing trade as well as ties to the United States. Af ter the Civi l War immi grant population increased significantly thanks in no small measure to the US cavalr y â&#x20AC;&#x2122;s protec tion of trade routes and militar y control of the I ndians in the easter n plains in south er n mountains. Wagon trains which initially entered the terr itor y from the Nor theast, before proceeding to points west through the Nor thwest along the old Spanish Trail, eventually shif ted southward to an easier route which stretched across souther n Ar izona. B y the late 1880s pas s e n g e r trains had

Mexico 1882

become less of a novelt y, and with the proliferation of min ing and logging, freight trains were also beginning to appear throughout the ter r itor y as well. I n a shor t time these trains were pulling cars that car r ied immigrant families seek ing new lives in the wild West. M ost came wit h the intent to stay, traveling with the totalit y of their household possessions, sometimes including livestock . I n the same way that the railroad signaled the demise of stage lines, freight trains now brought close to another iconic per iod in the Amer ican West, the cattle dr ive. With the easy ac cess to profitable mar kets in the East pro vided by rail ser vice, it was no longer nec essar y for Cowboys on horseback to move herds of cattle long distances to mar ket. There was another significant change in the cattle industr y, one which would be seen as significantly less sanguine. M assive cattle companies, which had for years operated on the basis of free rang ing New M exicoâ&#x20AC;&#x2122;s grasslands, were being forced to abandon the plains to homesteaders and per manent far ms and ranches.

New Mexico Technology Conquistadores of Connectivity

he technological sophistication of Native American cultures in New Mexico at the time of European contact five centuries ago was significant. In addition to the impressive architectural and engineering skills exemplified by the roads and cities built by the Ancestral Pueblo, archaeologists have noted evidence of advanced mathematical capabilities including the concept of absolute zero. Yet these advances came without the advantage of either beasts of burden or invention of the wheel. A broad-based economy supported by agriculture and widespread trade existed in New Mexico before the appearance of wagons, carts and animals suitable to pull them were introduced to the American continent by Europeans in the 1400s.

Nevertheless the introduction of transformative technologies like high-capacity wagons and ironworks were crucial factors in the military defeat of the Central American Stone Age civilizations. The symbol of conquest, iconic iron clad Conquistador, mounted on a warhorse and bristling with weapons such as the iron tipped pike and sword have become the archetype of European conquest throughout the Americas.

Despite the ubiquitous nature of this imagery, technology introduced by the Spanish had implications beyond weapons of war. The introduction of metal on the American continent, also resulted in the manufacture of new, durable and more dependable tools for agriculture and industry. A fixture in nearly every Spanish colony was the blacksmith, carpenter and mason. Among the many technological advancements which accompanied Juan de Onate in 1598, were horseshoes and horseshoe nails, plows, hoes, saws, augurs, axes, hammers, tongs, and knives, to name only a few of the most common items. All of these technologies and skills, were ultimately passed on to Indian artisans.

The compelling importance of metallurgy as a technological wonder in the 16th century New Mexico notwithstanding, the introduction of European crops and livestock had much greater significance to the region’s most populous residents, the Pueblo Indian. For them the centuries-old limited diet of corn beans and squash would be supplemented with wheat,

barley, onions variously legumes and new varieties of corn, chili and tomatoes. Additionally, the Spanish introduced fruit trees, and New Mexicans saw for the first time, apple trees, peach trees, apricots and grapevines. The vineyards of Isleta became renowned throughout the region, enjoying acclaim through the mid-19th century.

The importance of animal husbandry as a technological advance, cannot be overestimated. Domestic livestock including cattle, oxen, mules, donkeys, hog’s, poultry, sheep and goats were all introduced by the colonial Spanish and changed not only prehistoric agricultural practices but labor practice and distribution as well.

There is however, little argument that the technology introduced by Europeans which had the greatest impact on Native Americans was the horse. With the introduction of this astonishing creature and the technology necessary to harness its power, aboriginal cultures were changed in fundamental ways that amplified their ability to travel, hunt and wage war.

during the 17th and 18th centuries it was the circumstance of geography that inhibited continued technological progress. vast distances, isolating mountain ranges, and the lack of navigable rivers meant that Spanish settlers had little hope of commercial and industrial initiatives to connect them to the world at large. the fact of this commercial isolation may be seen in the kinds of technology employed in New Mexico during this time, the nexus of which were small water powered grist mills and hand-operated weaving loops.

The rate of technological change accelerated significantly during the middle of the 19th century, when telegraph poles began appearing in the ancient capital of Santa Fe three years after the end of the Civil War. On July 8 of 1868, a milestone in technology was marked by the first electronic transcontinental message sent electronically from the Territory of New Mexico. It was a telegraph message to President Andrew Johnson saying “we the citizens of Santa Fe, greet you as president of this republic in the commencement of this work, as sure evidence of our determination to keep pace with the spirit of progress of the times.”

New Mexico Technology

1. CONSIDER SOME OF THE TECHNOLOGICAL ASPECTS OF NATIVE AMERICAN CULTURES IN NEW MEXICO PRIOR TO EUROPEAN CONTACT, WHICH ASPECTS HAD EUROPEAN COMPONENTS, HOW ARE THEY SIMILAR? HOW ARE THEY DISSIMILAR? THE PRIMARY TECHNOLOGICAL ADVANCES RELATIVE TO THE ANCESTRAL PUEBLO DEALT WITH QUESTIONS OF SHELTER AND THE ACCRUAL OF A SUSTAINABLE SUPPLY OF FOOD. IN BOTH CASES THE EVOLUTION OF THE TECHNOLOGY IS EASILY SEEN IN STRUCTURAL MODALITIES, INCLUDING THE USE OF MATERIALS AT HAND, ADOBE, STONE, LOGS FOR STRUCTURAL ROOF SUPPORT. WHILE NOT DISCUSSED IN DEPTH THERE ARE OTHER SUBTLE ASPECTS OF TRADITIONAL PRE-TERRITORIAL CONSTRUCTION VALUES THAT DEAL WITH ENERGY EFFICIENCY, INCLUDING THE USE OF THERMAL MASS TO STORE THE SUN’S ENERGY AND ORIENTATION UTILIZING OBLIQUE SOLAR RAYS DURING THE WINTER MONTHS, AND THE DEFLECTION OF SOLAR RAYS DURING THE SUMMER THROUGH THE USE OF OVERHANGS AND ORIENTATION. IN TERMS OF AGRICULTURE, DISCUSSION OF THE EVOLUTION FROM A SUBSISTENCE BASED UPON HUNTING AND GATHERING TO ONE OF LONG-TERM SUSTAINABILITY IN THE FORM OF AGRICULTURE WOULD BE PROPITIOUS. WITHIN THAT CONTEXT MENTION OF THE EVOLUTION OF THE ACEQUIA CULTURE OF, AND CONSERVATIVE USE OF WATER SUPPLIES SHOULD BE CONSIDERED.

2. WHAT WERE SOME OF THE PROMINENT TECHNOLOGICAL COMPONENTS INTRODUCED BY EUROPEANS DURING THE SPANISH COLONIAL PERIOD THAT HAD A LONG-TERM SOCIOECONOMIC IMPACT THROUGHOUT THE REGION? MENTION OF THE HORSE, AND METAL TECHNOLOGY WOULD BE IMPORTANT IF NOT INESCAPABLE. ADDITIONAL CONSIDERATIONS MIGHT INCLUDE THE FORMULATION AND USE OF ADOBE BRICK, CULTIVATION OF FRUIT TREES, MANUFACTURER OF HORSESHOES, PLOWS, HOSE, SAWS, KNIVES ETC. THE INTRODUCTION OF SUPPLEMENTARY FOODS INCLUDING WHEAT, BARLEY, ONIONS AND BEANSCOULD REASONABLY BE MENTIONED.

he Atchison Topeka and Santa Fe Railroad arrived in New Mexico in 1879, linking the Territory by rail to the Midwest, and eventually becoming the only rail system to traverse the state; north south, east and west. The rail company’s original intent was the construction a single rail line along the path of the Santa Fe Trail beginning in Kansas and terminating at its namesake, New Mexico’s capital city. This meant carving a hole through the granite face of Raton pass, an expense for which the enterprise was financially illprepared. The cost of the tunnel strained the company to the point of bankruptcy, but with an expectation of vast profits to come, the railroad continued to eke out construction costs for the final leg of the descent onto New Mexico’s northern Plains. It was at this point that the company’s owners were faced with another mountain, this one of a less surmountable legal variety, which took the form of an intractable territorial legislature. The territorial government had issued a demand for the payment of bonds, to be held as construction guarantees, the amount of which far exceeded the company’s available resources. For several weeks it appeared as though New Mexico was to be functionally relegated to ox and wagon, when attorneys for the railroad discovered an obscure bill, written in the dim and distant territorial tax code that allowed the company to work unbonded in the event that it was chartered in the New Mexico territory. Very soon thereafter the Atchison Topeka and Santa Fe Railroad became a viable moneymaking enterprise and an estimable New Mexican Corporation.

The year 1879 saw the completion of the Raton tunnel and the rail line smoothly progressing southward past Las Vegas. With only 18 miles of track to be laid in order to reach the rail lines namesake, engineers began scratching their heads. It seemed that, after crossing a continent and drilling through a mountaintop, the final few miles could be among the most problematic.

The City of Santa Fe is located in what amounts to a crater at the foot of the Sangre Christo Mountains. This meant that service to the city would necessitate a difficult climb in and out of steep terrain, which was itself removed from the smooth downhill slope that could carry passengers effortlessly to the growing city of Albuquerque. The suggestion that the train would bypass the capital city was a nonstarter, and it was eventually decided that a spur line from the nearby town of Lamey would suffice to shuttle passengers in and out of

New M Railro

Santa Fe. And so it remains today.

With rail service finally established to major population centers throughout New Mexico, the venerable Santa Fe Trail, having met its historic obligation to connect West with Midwest was summarily abandoned to the erosive fates of wind rain and neglect. However, 60 years of constant use left inexorable wagon ruts, visible reminders of a heady time in New Mexico’s commercial history.

The Southern Pacific was the second Railroad to enter the New Mexico Territory, crossing East to West, through the Gadsden Purchase, land that had been purchased from Mexico four decades earlier to accommodate just such an enterprise.

With the final piece laid in the southern transcontinental rail, major cities along America’s eastern seaboard had finally secured the Holy Grail of 19th century commerce; direct access to the breadth of the North American Continent, and as a nice century-end bonus, all the world markets to boot, funneled through the estimable though unlikely towns of Deming, Lordsburg, and Las Cruces.

And there was much rejoicing.

Traffic on commercial continued a cline throu early part o century. Th cially true on ern line railr which cumu sulted in ma and a precip population. of rail serv during this be seen in t abandonme line rail m peaked in 1 their stead by 1925, an ued throu depression the 1930s, c with the de an average of track per 197

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the state’s l rail system a steady deughout the of the 20th his is espen the Southroads, a fact ulatively reany lost jobs pitous fall in . The extent vice decline period may terms of line ent. Main miles which 1914, began dy recession nd continughout the years of culminating estruction of of 25 miles r year in the 70s.

In addition to filling dreams established before the principles of Manifest Destiny had a name, railroads provided yet another significant service to the Territory, one which also promised connectivity with the rest of the world -- but with the difference; this time, New Mexico would be connected at the speed of light.

An ancillary by-product of the construction of hundreds of miles of new rail line was the means by which telegraph and electric lines could now be built and serviced. Suddenly, sleep deprived travelers on the Santa Fe, and Southern Pacific Railroads had a tangible option to counting sheep. It was now possible to count telegraph poles, appreciating the fact that they brought the territory within real-time reach of the rest of the country, while acting as a nonaddictive sedative.

The last decade of the 19th century was a time when New Mexico was but one territory among 42 states, all intensely interested in the delivery of electricity and the acquisition of necessary quantities of copper to do so. This profitable fact was corroborated by mile after ore-laden mile of rumbling freight cars leaving the territory with material to help connect the nation. The fact that every state in the union was at once engaged in the erection of telegraph poles, and hanging telegraph and electric lines, suggested to mine and rail owners that there was, and would remain, an unending need for copper and that such a demand would necessitate the construction of additional rail lines sufficient to serve these new subterranean Cities of Gold. Additional rail lines needed to service copper mines, required added sources of coal and coke, to heat the boilers and fire the smelters that refined the copper that drove the trains and turned the wheels of commerce; in a happening little turn-of-the-century place called Nuevo M. Exico. Or so the song goes.

All of which meant that, within the span of two short decades, 1890 to 1910, technology had once again all but transformed New Mexico, this time in ways that would have been unimaginable in the previous century. Commercial technology drove a flurry of rail line construction, which had before the dawn of the 20th century, resulted in rail service to New Mexico’s Eastern plains, opening thereby entirely new fields of commercial enterprise.

Another, less conspicuous consequence of the turning wheels of commercial progress was the flattening, dragging, straightening and reassembly of an old Indian trading post at Tucumcari, which was relocated several miles to the north in order to accommodate a railroad unwilling to deviate for such an esteemed and long-standing center of trade. Even the diminutive mountain town of Cloudcroft received its due-- one which included a towering trestle bridge that continues, more than a century and a quarter after construction, to accommodatingly support the wheels of commerce by agreeably attracting tourists and photographers.

In 1916, an decidedly non-commercial rail spur grew unexpectedly from the main Southern Pacific line east of Lordsburg. This track preceded 60 miles south, to a small dusty border crossing, which at the time, amounted to little more than a scattered array of homes and a few shops on the US Mexican border. Unjustifiable from an economic standpoint, the railroad was brought to Columbus in response to the only attack in history, successfully perpetrated against the US mainland.

Poncho Villa’s raid on Columbus New Mexico had become startling front-page news and the catalyst for the delivery of trainloads of men and munitions to the Mexican border, poised and purposed for the capture the iconic movie star outlaw. The rebels’ repeated, frustrating escapes notwithstanding, the U.S. Army was able nevertheless to salvage some good from the endeavor by using the operation to transition from horse to machine prior to the beginning of World War I.

After World War I, worldwide depression caused the price of copper to drop dramatically. The resulting hard economic times had a horrific effect on more than just mining, spur lines lay dormant, main lines no longer shuddered under the weight of loaded freight trains, and a diminishing population meant fewer fares, all of which resulted by 1924, in the sale of the struggling Southern Pacific for $64 million.

y 1910, six decades had past since New Mexico received it ’s U.S. territo rial designation under the terms of the Compromise of 1850. I t had been 64 years since the institution of U.S. laws established by proclamation of the Kearny Code, and despite the more than 50 bills that had come before Congress in suppor t of statehood, New Mexico continued to languish in the dull twilight of territorial status, with little tangible hope of ascendance.

There are a number of reasons which go a long way toward explaining New Mexico’s long territorial designation being the longest for any state in US histor y. Congress was understandably apprehensive about granting statehood to a region where “County Wars” (Colfax, and Lincoln) raged with such expansive volatility that entire communities seemed pitched against one other, a condition that ultimately required, in the case of the Lincoln County Wars, the president of the United States to use the militar y in order to quell the violence. Apprehension grew to a point of adamanc y when consideration combined troubling questions about County Wars with the proliferation of ; hangings, gunfights, cattle rustling, vigilante -ism and a cumulative histor y of relentlessly lethal Indian attacks. Individually, any of these issues would be problematic, but viewed collec tively, from an administrative viewpoint, it was clear that law enforcement and, in fac t any meaningful form of governance, would be an effec tive impossibility. Throughout the second half of the 19th and the early 20th centur y, few in Congress seemed to have more than a passing k nowledge of New Mexico’s diverse cultures, or the fac t that successful modalities of trade and self- governance had predated the establishment of the United States by thousands of years. I t is consistent with documented histor y that federal curiosity about the administrative, economic, and cultural accounting of New Mexico’s diverse population ex tended only to a point of super ficially expedient questions which related to the potential loyalty of a largely misunderstood,

ew mexico St

Spanish-speak ing population, that lived in a re mote, inaccessible and stark ly unfamiliar land. At the same time there was additional resistance to the notion of statehood by many New Mexicans who feared that it would bring about a loss of social and political autonomy and ultimately result in an erosion of long-standing freedoms and independence. Merchants expressed concern about the ero sion of profits as a consequence of the imposition of Federal taxes.

All other issues aside, it was a surprisingly impolitic handshake which had the consequence of removing consideration of statehood from the Congressio PRESIDENT TAFT SIGNS BILL CREA nal agenda for JANUAR decades following the end of the Civil War. One of the hands in question belonged to New Mexico Representative “Smooth Steve” Elk ins, he of the Santa Fe R ing, while the other was the proper ty of a vociferously punitive reconstruc tionist Congressman. The fac t of the two men openly expressed favorable relations with one another, was an anathema to the entire southern voting bloc in the House, galvanizing from that point, opposition to any prospec t for a favorable consideration of New Mexico statehood for decades to follow.

tatehood

one of these impediments slowed New Mexican calls for Constitutional Conventions, and the draf ting State Constitutions to present to the federal government. Despite the fac t that a majority of New Mexicans were ver y much in favor of statehood, and would willingly accept the responsibilities that came with full par ticipation and representation, New Mexico seemed to be stuck in the unending semi relevance of Territorial status.

Then something surprising hap pened. The President of the United States, on his way to meet with Mexican President Por firio Diaz, made an unexpec ted stop in New Mexico. On Oc tober 15, 1909 a crowd ATING THE STATE OF NEW MEXICO, of people gathRY 6, 1912 ered at the Alvarado Hotel in Albuquerque to catch a glimpse of the president and other dignitaries. Soon a standing room only crowd filled the hotel and spilled out onto the street. 100 or so well-wishers formed a line and all were anxious to shake the hand of their president. This was an unwelcome development to a president who had come to the hotel look ing for ward to a warm dinner and good night ’s sleep. However, by 9:30 that evening, the President had found neither.

What he had found was himself - engaged in a protrac ted exchange with Alber t Fall, one time Secretar y of the I nterior and full time advocate for New Mexico statehood. President William Howard Taf t ’s appearance in Albuquerque was, of course, impor tant front page news. The president himself was front page news, and not just because of his image as leader of the free world. He was front page news because of his image. Weighing an impressive 373 lbs. The 5’11” president was by all account, ample. Never theless, on this night the president was not worried about his weight, nor was he interested in dieting, and his interest in Alber t Fall’s views on New Mexico statehood was, candidly, waning. The President was however, still ver y interested in getting to the dinner which had been cooling in the banquet hall for some time. Fall shared Taf t ’s lack of concern regading the executives’ por tliness. Unfor tunately for the President, he also had little interest in the banquet, or in the fac t that by 9:45, most of the attendees had already finished their deser t, and were beginning to filter out of the hotel. Alber t Fall was not concerned about the fac t that the president was concerned about the banquet, nor was he especially concerned about the fac t that he was clearly getting on Taf t ’s ner ves by keeping the president from his dinner. Alber t Fall was concerned about the question of statehood, and food, drink , dignitaries, the banquet and ever yone and ever ything else could wait until he had gotten a presidential commitment on the subjec t. H istor y does not record whether the President enjoyed his cold meal that night in Oc tober 1909, nor is there an official record of a specific promise made by President Taf t to Alber t Fall enabling him to get, finally, to his dinner. H istor y does however, tell us that shor tly af ter his return to Washington, Congress authorized, at Taf t ’s insistance, a Constitutional Convention, and that on Januar y 6, 1912, at 1:35 in the af ternoon, a some what slimmer President signed the bill that cre ated the State of New Mexico.

Alber t Fall sent him a pie.

rains, Homesteads and population growth

y 1880, efforts to increase the population and agricultural output of the New Mexico territory led to the creation of the Bureau of Immigration. Established fundamentally to attract homesteaders and businessmen, it was authorized to collect and disseminate environmental information and was instrumental in designing life zones in the territory using natural vegetation as the guide to best farming practices for each region. Unfortunately, a superseding mandate to promote population growth and settlement overshadowed the bureaus responsibility to provide accurate environmental information, especially as it related to ranching and dry land farming.

Throughout the bureaus 32 year charter it served its unstated purpose, by promoting New Mexicoâ&#x20AC;&#x2122;s agricultural virtues at major fairs and expositions throughout the continental United States. These promotions were supported by similar endorsements from railroad companies a burgeoning healthcare industry and land speculators. Together they were instrumental in the creation of New Mexicoâ&#x20AC;&#x2122;s image of a healthful environment and cure-all for the weak and infirm.

During the 1880s and 90s land developers and railroads succeeded beyond the wildest imaginings of centuries of Spanish and Mexican efforts. By providing access areas of the territory previously out of reach, rural populations grew, and the eastern plains, which had been traditionally useful only as rangeland, became a destination of choice for Easterners intent upon an idealized Western world.

With ample encouragement from railroad owners wanting to sell tickets, and immigration bureaus singularly focused on population growth, thousands of settlers became convinced that dry land farming in the Southwest was the opportunity of a lifetime. As a consequence, every train from Iowa, Missouri, Kansas and Texas pulled freight cars converted to immigrant transport vehicles. Freight cars rumbled west, filled with basic necessities; household goods, livestock, equipment and families prepared to make 160 acres of free land their future. Land in New Mexico, federally designated for cultivation, rose from 788,000 acres in 1890 to 5,000,000 acres by 1900. A decade later, more than 11 million acres had been allocated for smallscale agriculture and was already in private hands. This would be the pinnacle of agriculture in New Mexico history.

Thought to be the earliest photograph of a youthful William Bonnie, a.k.a. Billy the Kid (seated), taken somewhere on the eastern plains of New Mexico. Historians debate the legend that his family was forced to walk to Silver city when Bonnie stole the wagon.

omestesteaders and cattle barons

n a matter of a few short years, the Llano Estacado, or Staked Plains, flat and featureless as far as the eye could see, was now cut into a checkerboard of hundreds of tiny kingdoms by barbed wire fences, each crowned by a windmill – announcing a new chapter in New Mexico history.

This was not a welcome turn of events to cattlemen who were still enjoying the economic virtues of the previous chapter, one in which they had benefited from unfettered access to the nearly limitless grass lands previously owned by the federal government. Burned crops, destroyed fence lines and accompanying threats headed a list of expressions of disaffection with homesteaders and the Homestead Act in general.

until 75% of the settlers on New Mexico’s eastern plains were forced to leave their farms to seek employment in the cities of Carlsbad, Roswell, and Albuquerque, leaving the parched plains to cattlemen who were soon running vast herds of cattle once again.

As decade after decade brought recurring cycles of drought, a seemingly inexorable attrition continued to erode family farms, until the extended droughts of the 30s once and for all sealed the fate of the few who had persisted.

By the mid-twentieth century, technology had begun to revive the prospects of The cattle barons’ best effarmers on New NM Homestead Circa 1900 forts notwithstanding, it Mexico’s eastern was ultimately the environplains. Rural elecment that brought a final and abrupt close to the trification in the 1940s and 50s, made large-scale Homestead era, and with it, the hopes of the thou- groundwater exploitation and irrigation possible. sands of families who had arrived with dreams of This fact resulted in a sufficient potential for profita promised land. The unmistakable truth was that ability, that banks were once again encouraged to New Mexico was not like Kansas or Missouri, where support farmers with investment adequate to allow fertile land and 50 inches of rain a year, could allow the purchase of agricultural machinery. a family to survive on 160 acres. From 1909 to 1912 severe drought conditions exacerbated an already difficult situation that resulted in the abandonment of 30% of all homesteads. This trend continued

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ew mexico Agriculture in the 1920â&#x20AC;&#x2122;s amounted basically to subsistence farming. Very few of these enterprises were able to integrate in a sustained or meaningful way into a market-based form of commercial agriculture between 1900 and 1940, and the consequential lack of profitability resulted in extremely high failure rates and eventually abandonment. As we have already seen, weather and soil conspired with numbing success against the most seasoned agrarian, but so did the risk of borrowing money.

emographic statistics in the years prior to statehood illustrate the extent to which New Mexico was tied to agriculture. In 1900, there were 35,656 farms and over 30,000 people listed as farmers, all other economic interests, with the exception of a few small-scale commercial enterprises lagged far behind in terms of both job creation and revenues. These amounted to a few profitable sawmills, independent manufacturers, and 98 mining operations which taken together employed approximately 600 workers, most of whom were coal miners. Glorieta Pass 1905. Family farms, the daunting domain of homesteaders on New Mexicoâ&#x20AC;&#x2122;s eastern plains,

On the eve of WW I the government recognized an urgent need to increase the available food supply. With that in mind, President Woodrow Wilson approved legislation he had previously rejected, authorizing the federal government to provide long-term credit to small farmers. The expectation that small-scale farms and ranches would survive and even prosper through the purchase of additional lands and farm equipment was for farmers in New Mexico a triumph of hope over experience.

The proliferation of rail travel, combined with the expansion of the US military presence, improved roads, advanced mining and logging interests, which together accounted for a 70% increase in New Mexicoâ&#x20AC;&#x2122;s population between 1900 and 1910. Prodigious growth notwithstanding, population densities in the territory remained than 1/10 of what they were in the rest of the United States.

The expectation of growth and expanded yields was substantially realized iin areas of the country blessed with accommodating soil and a cooperative climate. Federal seed money found fallow ground some Midwestern breadbasket states, but in eastern New Mexico, farmers were almost without exception crushed under the weight of debt service and two especially long and severe droughts, occurring between the years 1917 and 1923. These twin calami-

ties combined with declining commodity prices had the effect of squeezing farmers between declining revenues and escalating production costs. This meant that even though consumers ultimately paid more for agricultural products at the store, the farmers themselves usually wound up earning less but paying more to grow it.

The final nail in the coffin for many homesteaders was a consequence of the perceived remedy, the accrual of an indebtedness for the purchase of land and farm equipment, which could not, given the cumulative liabilities associated with dryland farming, be repaid. The resulting failure of the federal government to move subsistence farmers into a market economy was articulated by an economist with the U.S. Department of Agriculture at Las Cruces who wrote in 1922: “With the low yields and present high cost of production, what these crops net the farmer would too often be a minus quantity.”

New Mexico’s ranchers fared no better. They sold their cattle and sheep in 1922 for less than half of what they had been paid in 1919. For many, the final blow was receipt of their annual property tax bill. After WW I and into the mid 1920s, farmers, ranchers, and most especially homesteaders, constantly faced the onerous annual prospect of foreclosure and bankruptcy. In 1924, an attorney for the judicial district comprising northeast New Mexico reported on his attempts to collect on delinquent taxes: “It would be a physical impossibility for my office to bring personal suits against delinquent tax payers . . . It would simply mean that we would

drive out of the country our farmers. . . . I estimate that fully one third of our people are already gone, many never to return.”

Relief in the form of sufficient rainfall and bountiful harvests never came for farmers. This had a domino effect, toppling feed stores, groceries, gas stations and ultimately the banks themselves. The decline of the banking industry was most precipitous in the 1920s when half of the lending institutions closed. But the devastation would continue, in the 1930s, another two fifths of all the banks of New Mexico also folded. In an attempt to grasp the extent of the cumulative institutional failure, the federal government compiled a list of the state chartered and Federal Reserve member banks in New Mexico that stops doing business between 1919 and 1934. It was a dismal appraisal; of 113 banks serving New Mexicans in 1919 only 43 remained in business by 1934.

In the late 1920s, the Department of Agriculture generated a report that restates in modulated fashion the fundamental misapprehension which drove dryland farming on New Mexico’s eastern plains for nearly half a century, concluding that farming in the area “is limited to a simple, nearly selfsufficing organization. . . .If a farmer . . . and his family are satisfied to life mainly off the products of the farm, he can continue to farm in such an area indefinitely.” Antecedent to strident miscalculations that brought the destruction of families and the demise of many homesteads, this utopian assessment was ultimately dispatched like so much dust driven by the approaching Dust Bowl and Great Depression.

A deligation of ranch hands, New Mexico 1891

erritorial popul

he growth in mining from 1860 to 1880 combined with the expansion of railroads between 1890 and 1922 to change the demographic map of New Mexico. There were within the span of a few decades new cities and towns supporting commercial interests, significantly those related to mineral production and rail transport. Abandoned mining boomtowns are visible today in every mountainous region of the state. Even towns given to the elements, and in such a state of decay that they are only visible from a short distance, may be frequently found by tracing abandoned railroad lines.

nd the health

cruited to New Mexico as early as 1854 but it was not until the 20th century that large areas of the Eastern plains were opened for settlement. When a sufficient number of homesteaders settled in an area, a community and a nearby service center would be built. Many of these small population centers would consist of a store and post office, both frequently in the same building, and a church or community center. Was not uncommon to find vast areas of 100 mi.Â˛ or more relying on a single small town of this nature. By the late 19th century many homesteads had been abandoned or acquired by large ranches. As these ranches consolidated fewer service areas were required and the number of abandoned towns grew.

Rail towns themselves were frequently abandoned as technology improved and automation reduced the need for a section crew. With the elimination of rail jobs came a decline in local economies, which itself lead ultimately to the abandonment of rail lines. Homesteaders were re-

Despite increased trade and population growth throughout the first half of the 20th century, New Mexico experienced periodic economic downturns. This was to a certain extent due to a overarching connection with national boom and bust cycles that characterized economic reality in the 1920s and 30s. The effect of these cycles is clearly illustrated by the 400 ghost towns scattered throughout every region of New Mexico, many born of a time when coal and copper were king.

lation growth

h seeker era

anitary conditions that prevailed in and around US cities in the late 19th and early 20th centuries led to an almost epidemic rise in cases of tuberculosis. This fact combined with the prescribed remedy, warm dry air, and abundant sunshine, ushered in a period in New Mexico history commonly referred to as the Health Seeker Era. After 1880, published accounts extolling the extent to which healthful climatological characteristics were an inexorable component of any New Mexican setting, had the predictable result of enticing people with respiratory ailments to the Territory. These accounts were frequently combined with assertions by railroad companies, land speculators, the Bureau of Immigration and climatologists linking factors of temperature, altitude, number of sunny days and a nebulous characteristic known as “electrified air”, together prove beyond doubt that New Mexico’s was an inimitable environment for the remediation of almost any infirmity, including but not limited to asthma, allergies, pneumonia, neuralgia, mental breakdowns, paralysis, frailty, depression, fevers and after World War I, respiratory ailments related to exposure to mustard gas. How effective were the strategies? By the 1890s, many Americans, remembering claims made during the gold rush, had learned to treat most of these kinds of hyperbolic assertions with a necessary degree of skepticism. However, there was at this time little by way of medical recourse for those suffering with tuberculosis, and

to them, New Mexico was a chance worth taking. This view was further encouraged by health seekers who had realized significant benefit from their southwestern convalescence. Health seekers descended on the Territory after the turn-of-the-century, in numbers that overwhelmed charitable organizations and public health institutions. Statistics show that at the peak of the health seeking movement, approximately a quarter of all Anglo immigrants had come to New Mexico for reasons related to health. A physician from the US Public Health Service estimated in 1913 that perhaps this many as 60% of all households, not including the mining towns, contained at least once tubercular, and that of those homes 9/10 were not owned by native New Mexicans. One particularly well known health seeker was Albert Fall, of Teapot Dome fame, who came to New Mexico in the late 1800s, realized significant health benefits and became a lifelong advocate for the state. One succinct summary of the healthcare dictum was advanced by the Commercial Club and Chamber Of Commerce; “why sacrifice health or wealth when you can have both in Albuquerque?” A particular advertisement suggested that Albuquerque was in “the heart of health country”.

Montezuma Hotel

In addition to playing an important role in the development of the state, some of the sanatoriums which were built to treat health seekers survive, through various incarnations, some as leading healthcare facilities and schools.

The Bursum Bill

n the first decade of the 20th century there remained unresolved issues surrounding questions of Pueblo sovereignty, land rights, and tax-

of everything which we hold dear -our lands, our customs, or traditions.”

ation. The roots of these controversies extended from the dawn of the Spanish colonial period, resolved for a period by the expulsion of Spanish authority for more than a decade.

In the course of public debates related to disputed pueblo lands, the Bureau of Indian affairs created a set of policies designed to significantly restrict traditional Native American dancing, policies the Pueblos believed were intended to have a chilling effect on Indian assertions of sovereignty.

The Bursum Bill, introduced in the U.S. Senate by New Mexico Sen. Holm Olaf Bursum in 1922, and supported by then Sec. of the Interior, Albert B. fall, dealt with a range of issues related to the Pueblo Indians, including Indian -- Government relations; tribal economic conditions, cultural assimilation, history, land tenure, and water rights.

By the 1920s long-standing controversies related to Pueblo lands had yet to be formally resolved, despite terms of the Treaty of Guadalupe Hidalgo, which stipulated that the United States would recognize Pueblo ownership of land granted them by the Spanish crown, as had been done by Mexico after 1821, at the end of the Spanish Colonial Period.

A catalyst for the bill, and one of the pressing issues which it was intended to settle, equitably as supporters would have it, was an outstanding concern related to the sale of traditional Pueblo lands and questions of non-Indian residency on them.

Among the issues unresolved, were the claims of those in possession of conflicting grants from both the Spanish and Mexican governments, which resulted in protracted legal battles and no small amount of confusion. Moreover, the bills assertion that individuals had the right to sell tribal land was fundamental to cases involving tribal members who had done so, frequently without tribal approval.

The view of equanimity was clearly not held by a majority in the Pueblo community, who claimed that it would in fact illegally strip Indians of an estimated 60,000 acres. Seeking to defeat the bill, the Council of All New Mexico Pueblos wrote in “An Appeal to the People of the United States”, an open letter which protested terms of the Bursum bill, proposed legislation which they claimed not only threatened a loss of land but also a disruption to every aspect of tribal life. They wrote, “this bill will destroy our common life and will rob us

A 1876 Supreme Court ruling affirmed the Pueblo right to sell lands by defining the pueblos as “civilized Indians” and therefore not wards of the federal government. The result was that by the early 20th century increasingly large numbers of Hispanic and Anglo settlers and claimed portions of traditional pueblo lands, a

claim supported by documentation substantiating their assertion the lands had purchased from the tribal landholder.

In 1913 the Supreme Court reversed the 1876 ruling, finding that the Pueblo Indians were entitled to the same federal protections granted other Indians -- including protections against tribal land being sold to or settled by non-Indians. Over the course of the next 10 years government attorneys filed a series of suits on behalf of the Pueblos, including a suit for the San Ildefonso, a case which was intended to have a remediating effect on squatters who did not have legitimate title to the land; these suits however progressed very slowly. The situation became increasingly tense and in some cases violent as settlers fenced their claims, against tribal wishes These were the fundamental issues which the 1922 Bursum Bill was attempting to address. Under the terms of the legislation nearly all disputed land would have been awarded to non-Indian claimants, along with attendant water and mineral rights, regardless of evidence of good faith purchase. So onerous and heavy-handed were components of the bill that it inspired an intense and powerful nationwide opposition which resulted ultimately in its defeat.

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New Mexico and the dirty 30s

omesteading in New Mexico was at its core, primarily subsistence farming. Few of these small farms progressed to the point of integration into market-based or commercial agriculture between 1900 and 1940. As a consequence these farms failed at very high rates, particularly during the Depression years of the 1930s, where soil and weather conspired against immigrants on New Mexico’s eastern plains.

On the eve of WW I, a time when the Federal government needed to rapidly increase the available food supply, President Woodrow Wilson approved legislation he had previously vetoed. Under terms of the bill the government was able to provide long‑term credit for farmers, many of whom may not have qualified with commercial lenders. The hope was that small‑scale ranchers and farmers, including principally, homesteaders, could survive by becoming bigger, a potential which would serve to increase state and federal GDP, tax receipts, and meet the governments need for additional food production.

Some agricultural regions of the country benefited from these loans, but in eastern New Mexico farmers were almost universally unable to overcome the cumulative effects of two particularly long droughts between 1917 and 1923. An economist with the U.S. Department of Agriculture at Las Cruces the following about New Mexico’s farm economy in 1922: “With the low yields and present high cost of production, what these crops net the farmer would too often be a minus quantity.” New Mexico’s ranchers fared little better. in 1922 most ranchers sold their sheep and cattle for less than half the amount they had gotten in 1919. For many, the final blow was receipt of their annual property tax bill. After WW I and into the mid‑1920s, farmers, ranchers, and most especially homesteaders, constantly faced the prospect of foreclosures and bankruptcies. In 1924, the attorney for the judicial district comprising northeast New Mexico reported on his attempts to collect

on delinquent taxes: “It would be a physical impossibility for my office to bring personal suits against delinquent tax payers . . . It would simply mean that we would drive out of the country our farmers. . . . I estimate that fully one‑third of our people are gone, many never to return.” Relief never came for farmers, and so banks continued to foreclose. The decline is most precipitous in the 1920s when the effects of the widespread failure in agriculture spread to the fragile banking industry. Fully half the banks that serviced farming interests on New Mexico’s eastern

Duststorm on new Mexico’s Eastern Plains

plains closed. In the 1930s, another 2/5 of the surviving bags also fold. In the late 1920s, the Department of Agriculture generated a heartening report on the status of settlers and dry-land farming in eastern New Mexico. They concluded that farming in the area “is limited to a simple, nearly self‑sufficing organization. . . .If a farmer . . . and his family are satisfied to live mainly off the products of the farm, he can continue to farm in such an area indefinitely.” The prediction unraveled under the twin assaults of the Great Depression and the Dust Bowl.

he Dust Bowl was a natural disaster of such sustained duration and severity

that its effects are nearly unimaginable today. The result of relentless drought whose consequence combined with shortsighted ventures to catalyze a decade of national disasters that destroyed families, farms, businesses and the lives of thousands of people throughout the affected region. Disastrous farming practices; large scale agriculture, absent proper rotation, fallow fields, cover crops or other conservative techniques, combined with the most fundamental problem, the deep plowing of virgin topsoil. This practice deracinated the natural vegetation, deep rooted grasses that for centuries had held the soil, and retained sufficient moisture to effectively stabilized the ground during periods of severe drought and high winds.

During the 1930s, with the natural anchors destroyed, dried soil turned to dust that blew eastward taking the form of enormous gray curtains that darkened cities like Washington DC and New York City the length of the eastern seaboard. Commercial shipping, hundreds of miles from the US coastline reported having their decks covered with dust and dirt that could accumulate to a depth of an inch or more. Called “black blizzards” or “black rollers”, these storms frequently reduced visibility to as little as a few feet, lasted days, and invaded homes and businesses such that masks of wetted of cotton cloth became an adornment of choice. The Dustbowl affected 100,000,000 acres of farmland, who’s most disastrous effects centered upon the panhandles Texas, Oklahoma, Kansas and eastern New Mexico. The effect was so pervasive and severe that hundreds of thousands of people were forced to leave their homes, resulting in a mass migration to unaffected areas of the country, principally California. Sadly, this movement resulted in little improvement to the economic condition of the people involved. Owning no land and having few resources, many became migrant workers, forced to travel from farm to farm almost without exception at usury wages. Among the many books written about the inequitable conditions that prevailed during the time, John Steinbeck’s The Grapes of Wrath, winner

of the Pulitzer Prize and a singular work in American literature, was perhaps most prominent. A common sight during the Dustbowl, was that of chains dangling from the frames of cars, so placed to guard against powerful static charges generated by the friction of dirt spinning in turbulent air. These static electric charges were so powerful that engines without physical grounding would simply cease to run. Prodigious difficulties aside, the greatest tragedy of the Dust Bowl, is one which may never be fully quantified. It relates to the number of otherwise healthy people whose lives were lost to lungs that filled so quickly and completely with dust that death came from suffocation, sometimes within a week of the first sign of illness.

From an economic standpoint, many farmers, already in debt, were working harder than ever to recover from economic losses suffered during the early stages of the Great Depression. To compensate for these losses, more ground was plowed, and more seeds planted in the hope of increasing income. Additional production was needed to offset the accrued debt of previous years. Unfortunately these measures, ill-conceived and poorly managed, had the contrary effect of further environmental degradation, lower per acre yields, and the unforeseen consequence of further suppressing prices when yields did manifest. These aggravated conditions prompted farmers to seek additional means of increased production. Many turned to the acquisition of new high-capacity farm implements. While reducing labor and increasing efficiency, to farmers already struggling against a whirlpool of depressed commodity prices, these purchases frequently increased production costs by increasing payments related to service on accumulated debt. When the drought hit, farmers were simply unable to produce sufficient crops to service loans or even cover the cost of associated with planting. In the aftermath of the Dust Bowl, it was clear that many factors contributed to it’s length and severity. A better understanding of the relationship between environmental limits, specifically the annual crop carrying capacity of land 1and human impact 2was needed. Lessons continue to be learned, and as a result of this decade of devastation, farmers ultimately adopted improved methods of cultivation which were designed to help control soil erosion in dry land ecosystems. Because of this, subsequent droughts throughout the region have been significantly less destructive.

defined as a combination of climate, plants, and soil

agricultural practices, economics, and social conditions

im Crow and civil rights in the early 20th century

lessy v. Ferguson (1896) was the Supreme Court decision that held with a Louisiana law mandating separate but equal accommodations for blacks and whites on interstate railroads. The decision was momentous in that it provided the legal justification for many other actions by state and local governments including New Mexico, to socially and economically separate blacks and whites. As onerous as this decision was they would be more than half a century before it was finally overturned in 1954 by Brown V. Board of Education. Within that time it’s codification of racism had the effect of giving perpetuating a number of Jim Crow laws some of which were adopted by an enforced in New Mexico both before and after statehood.

grated from Texas, there was an inherent expectation on the part of a majority of voters that the education system in New Mexico would itself be segregated.

At the time nearly a third of all the delegates were NuevoMexicano legislators. This well-organized and substantial voting bloc, was quick to recognize the inherent inequity of school segregation and beat back the proposal. Social political and economic bias also resonated with the Indian centric paper La Voz del Pueblo, which advocated: “If this occurs in New Mexico, it seems to us very dangerous and very harmful to the future prosperity and well-being of the state . . . [W]e beg to suggest to our hispano-americano delegates that they have to be very careful to not do anything against others that they would not Demonstration in the wake of Brown V. want done against Board of Education themselves.”

After the Civil War most states in the south passed anti-African-American legislation, which became known collectively as the Jim Crowe laws. One such law which related to seating on trolley cars was adopted and enforced in the city of Albuquerque. So antithetic and was this law and unacceptable the fact that it was enforced on public cars that it drew a vocal protest from a group of ministers in 1912. Three years later a branch of the NAACP (National Association for the Advancement of Colored People) formally organized in Albuquerque intent upon blunting the inhumane effect of such divisive laws and began working for their ultimate eradication. Their efforts notwithstanding, it would be another 40 years before federal sanction of the practice of segregation was finally brought to an end.

In the autumn of 1920, one hundred New Mexicans gathered to write a new constitution. Albert B. Fall, he of the presidential pie, in conjunction with Charles A. Spiess, the president of the Constitutional Convention where charged with a revision of the State’s Constitution. it was their stated belief that segregated schools were necessary to secure the number of votes necessary for ratification of the new constitution. Their argument held that because a majority of voters had immi-

School segregation had clearly not been an issue when voters approved the 1911 State Constitution, which easily passed, with the support of twenty-two of the Territory’s twenty-six counties; Roosevelt County being the lone advocate for school segregation.

In1920 New Mexico’s population was 360,350, a three percent increase over the 1910 census, with African-American residents numbering 5,733, or 1.6 percent of the total population. This fact allowed legislators from eastern counties to push a segregationist agenda replete with Jim Crow Laws. Among them were regulations permitting local choice for school segregation. Nine school districts eventually enforced “separate” facilities for black students (Las Cruces, Vado, Alamogordo, Carlsbad, Hobbs, Artesia, Roswell, Clovis, and Tucumcari). In these communities, Jim Crow laws effected black access to housing, restaurants, theaters, as well

Economic diversity

espite increased trade and population growth throughout the first half of the 20th century, New Mexico experienced periodic economic downturns. This was largely the result of the inextricable link to national boom and bust cycles that came to characterize economic reality in the 1920s and 30s. These cycles are exemplified by nothing so much as the 400 ghost towns scattered throughout every region of New Mexico. Towns, many of which had ascendance in the time that coal and copper were king. In the year 1900 only 10% of the territories 200,000 people lived in towns, and 90% of its population had been born in New Mexico. This meant that the territory of New Mexico in the late 19th and early 20th century was overwhelmingly rural, and with very f e w exceptions native born. A number of factors combined to result in significant population increases after the turn-of-thecentury. The proliferation of: rail travel, expansion of the US military presence, improved roads, advanced mining and logging interests together accounted for a 70% increase in population between 1900 and 1910. Prodigious growth notwithstanding, population densities in the territory were still less than 1/10 of what they were in the rest of the United States. At this time New Mexico was still dominated economically by agriculture. In the years prior to statehood there were 35,656 farms and over 30,000 people listed as farmers. Other economic interests lagged far behind, in addition to small commercial enterprises, there were few profitable sawmills, few manufacturers, and 98 mining operations employing approximately 600 workers most of whom worked in coal mines.

Dawson NM became a ghost town in the 1950â&#x20AC;&#x2122;s, after a history that included disastrous mining explosions that killed hundreds of people

O T

il and the rise of the automobile

he proliferation of railroads added significantly to the growth of the health seeker era in New Mexico. Those who found the climate therapeutic, and recovered from their illness inspired others to follow, and in so doing established New Mexico as a destination of choice for the infirm. One consequence of this change in perception was a growing population and expanded workforce. This was continued good news for the railroads which in 1914 had over 3000 miles of mainline track spread throughout much of the state. The increased accessibility to remote areas in New Mexico once again caused the population to nearly double in the second decade of the 20th century. Climate was not the only compelling reason for people to move to the new state, the healthcare industry combined with an increasing fascination with Native American culture and the folklore that also aggrandized the lawlessness that was exemplified by the Lincoln and Colfax County Wars. The longterm economic impact of this aspect of 19th century commerce, tourism, is today an combination

of industries, which include; tourism, art sales, and an ever-growing industry related to film production. Taken together these industries generate in excess of $7 billion annually per New Mexico. Early in the 1920s oil fields sprang up on New Mexicoâ&#x20AC;&#x2122;s Eastern plains. Oil deposits in the Permian basin fueled the growth of cities like Artesia and Hobbs. All of this was good news for the automobile industry which, began to replace railroads as the primary choice for westwardly mobile Americans. Perhaps the single most iconic symbol of this new mobility was the now legendary US Route 66. This major east-west thoroughfare across the nation, connected the coasts for automobile travel in the same way that decades earlier a golden spike at Promontory Point Utah, unified the continent for the railroads. Throughout the 1920s and 30s, the state of New Mexico embraced the automobile with thousands of miles of road construction, evolving from dirt roads that slowly meandered between house, Santa Fe, and Albuquerque, to solidly constructed paved roads that supported commercial trucking.

The relationship which evolved between Native American culture, and the railroads, was reflected in the increased tourism made possible by automobiles.

Throughout much of the 19th century tourists coming west in passenger cars enjoyed the hotel and restaurant accommodations provided by Harvey Houses. In venues such as these, Indian pottery, rugs, and jewelry found their way back east through commercial trade, increasing the interest in native culture, and the American Southwest. This was good news for the railroads, which did their part to support the frequently exaggerated advantages of settling in New Mexico.

any programs contained within the New Deal were designed to provide an economic safety net for the poor and middle class, a number of initiatives also contained significant benefits designed to aid businesses that had also taken a beating during the Depression. Agribusiness was a sector that benefited significantly from federal programs. Among those which most specifically targeted agribusiness where policies which established commodity price floors, and ended the practice of homesteading, the latter an important component in eliminating the further diffusion and degradation of public lands. This was accomplished through the enactment of the Taylor Grazing Act, legislation which favored grazing interests over all other uses of rangeland. The bill outlined steps designed to prevent further damage to the public lands by setting limits to the number of cattle which would be allowed to graze on an acre of land. Over time, market needs began to decisions, including those related to land use, and environmental goals such as land restoration began to receive less attention. Nowhere was this policy shift more evident than in the actions of the Bureau of Land Management, which, following its creation in 1946, administered The Taylor Act for 30 years as it related to millions of acres of public land. Another important stimulus to agribusiness in New Mexico came in the form of access to financial aid in the form of credit to farmers and ranchers expanding into commercial agriculture. Six agencies were established to do this; two served the farmers themselves—the Farm Credit Administration, and the Emergency Crop and Feed Loan Office; two were designed to promote home ownership—the Federal Housing Administration, and the Home Owner’s Loan Corporation; and two agencies provided financing to fund

New Mexi public works: the Public Works Administration and the Resettlement Administration. Between spring 1934 and March 1936, a subsidiary of the Farm Credit Administration lent 1,477 farmers in New Mexico a total of $7,861,430. By spring 1936, repayments totaling $2,932,670 had been collected on these loans, an indication of the functionality of the program. The money was designed to aid farms deemed viable; that is farms with sufficient equipment, acreage and personnel to produce marketable commodities. The recipients of federal loans were identified as “legitimate farmers” as distinguished from subsistence farmers, and records show the relief program saved the bacon, so to speak, of a number of agribusinesses which would otherwise have failed. It is also clear that sustaining agricultural activity throughout New Mexico, had the positive effect of keeping families together, employed, and living on land which in some cases had been in the family intergenerationally.

ollow the e of Frank Rooseve 1932, th eral gov ment so both int new pro and rest past leg initiativ order to bat a pe storm o ronmen econom tastroph

A number of farmers, especially those on the east side of New Mexico turned to intensive irrigation by drilling into the Ogallala aquifer after WW II, thereby introducing an expanded era of agribusiness in eastern New Mexico. The genius of FDR programs can be clearly seen in this kind of blending of social welfare policies with legislation designed to aid corporate capitalism. After the mid-1930s as the Depression deepened, a division within the Resettlement Administration acquired substantial acreage in order to allow local residents to access improved grazing lands. These areas included purchases made by the government of parcels from 11 Spanish land grants, with the local residents given priority in the allocation of grazing rights.

ico and the new deal

wing election klin D. elt in he fedvernought to troduce ograms tructure gislative ves in o comerfect of envintal and mic cahes.

The environmental and economic realities that confronted New Mexico in the 1930â&#x20AC;&#x2122;s knew no ethnic boundaries as both Hispanic and Anglo farms and ranches were lost at an alarming rate. Some of the worst effects were ultimately eased in part by the efforts of two well-connected New Mexico politicians, Senator Dennis Chavez, and Gov. Clyde Tingly. Sen. Chavez was a ranking member on both the Senateâ&#x20AC;&#x2122;s Public Works, and Appropriations committees, and played important role in putting many New Mexicans back to work as farmers, road builders, artists, and writers, through the Works Progress Administration WPA, and the Civilian Conservation Corps CCC. Governor Tingly, a personal friend to Franklin Roosevelt was also instrumental in seeing that New Mexico received more money per capita through New Deal agencies than any other state. In 1942 the air base acquired two years earlier by the U.S. Army was renamed Kirtland Airfield, and served as a training field for military aircraft including the B-24 and B-29 which were used extensively in the European and Pacific theatres during World War 11. The preponderance of clear sunny days throughout the state was a significant catalyst for the proliferation of air bases. An airbase in Roswell used for training during World War II remained active through the 1980s, while military installations throughout the United States continue to be inextricably linked to the testing facilities at White Sands. Servicemen returning from World War II found many of the amenities that drive tourism to the state equally compelling, and in ever increasingly numbers, former members of the Army a n d

Air Force found towns like Albuquerque, Roswell, and Alamogordo perfect places to raise a family. As a result housing starts increased, and commercial facilities also grew, thereby creating jobs for civilians in the construction and service trades. Economic opportunities also expanded with the increasing need for war related technologies. The development and implementation of nuclear weapons during World War II resulted in the creation of two national laboratories, one in Los Alamos and Sandia National Laboratories in Albuquerque. Sandia, currently operating under the auspices of the Department of Energy divides its resources between nuclear research development and containment while participating in the research and development of new clean energy resources and strategies.

us tERRITORIAL ACQUISITION Thoughts and observations

1. SUMMARIZE THE EXTENT TO WHICH THE HEALTH SEEKER ERA IMPACTED POPULATION GROWTH IN NEW MEXICO. ANSWER: THERE WAS THE BELIEF DISSEMINATED BY LAND SPECULATORS AND RAILROAD COMPANIES, AMONG OTHERS THAT THE ARID NEW MEXICO CLIMATE HAD INNATE HEALING PROPERTIES WHICH WERE PARTICULARLY THERAPEUTIC IN THE REMEDIATION OF TUBERCULOSIS. MANY WHO CAME FOR THE RESTORATIVE PROPERTIES OF WEATHER STAYED, THEREBY AUGMENTING BOTH THE POPULATION OF THE STATE AND THE VIEW OF NEW MEXICO AS AN ADVANTAGEOUS AND HEALTHFUL DESTINATION. 2. ANALYZE ADDITIONAL PROPERTIES UNIQUE TO NEW MEXICO WHICH RESULTED IN AN INCREASE IN POPULATION AND STIMULATED ECONOMY. ANSWER: THE HEALTHCARE INDUSTRY COMBINED WITH AN INCREASING FASCINATION WITH NATIVE AMERICAN CULTURE AND FOLKLORE INCLUDING THAT WHICH AGGRANDIZED LAWLESSNESS. THE COMBINATION OF THESE FACTORS LEAD TO AN INCREASE IN TOURISM WHICH TODAY GENERATES REVENUES OF $7 BILLION ANNUALLY. 3. EXPLAIN THE EFFECT OF RAILROADS AND THEIR IMPACT ON EXPANDING POPULATION IN NEW MEXICO ANSWER: PROLIFERATION OF ROADS ADDED SIGNIFICANTLY TO THE GROWTH OF NEW MEXICO BY CONNECTING PREVIOUSLY INACCESSIBLE OUTLYING REGIONS WITH POPULATION CENTERS WHILE CREATING A MEANS FOR THE LARGE-SCALE EXPORT OF FOREST AND MINERAL PRODUCT. . 4. CONCURRENT WITH THE HEALTH SEEKER ERA THE DEMOGRAPHIC OF THE STATE CHANGED SIGNIFICANTLY. NEW MEXICO WAS EVOLVING FROM AN OVERWHELMINGLY RURAL AND AGRARIAN STATE TO ONE WHICH SUPPORTED COMMERCIAL INTERESTS. DISCUSS SOME OF THE INITIATIVES THAT WORKED SYNERGISTICALLY TO INCREASE THE POPULATION BASE IN NEW MEXICO AS WELL AS ITS GDP. ANSWER: A MAJORITY OF THE POPULATION IN THE LATE 19TH CENTURY NEW MEXICO WAS AGRICULTURALLY BASED, THOUGH MUCH OF THIS EFFORT WAS LOCALIZED AND WOULD BE CONSIDERED SUBSISTENCE FARM-

us tERRITORIAL ACQUISITION Thoughts and observations

ING TODAY. IN THE MAIN, COMMERCIAL PRODUCT CONSISTED OF MINERAL EXTRACTION, SIGNIFICANTLY SILVER AND COPPER, TIMBER HARVEST AND CATTLE RANCHING. EACH OF THESE INDUSTRIES REALIZED A CONSIDERABLE BENEFIT FROM THE ESTABLISHMENT OF US MILITARY INSTALLATIONS AND THE EXPANSION OF INFRASTRUCTURE WHICH FACILITATED MILITARY, COMMERCIAL AND CIVIL MOVEMENT.

5. DIFFERENTIATE THE PRIMARY COMMERCIAL ENTERPRISES IN NEW MEXICO PRIOR TO AND IN THE EARLY YEARS AFTER STATEHOOD, AND ANALYZE THE WAYS IN WHICH THEY WORKED TOGETHER TO INCREASE THE GROSS DOMESTIC PRODUCT REGIONALLY.

ANSWER: THE MOST SIGNIFICANT CHANGE IN THE SECOND HALF OF THE 19TH, AN EARLY PART OF THE 20TH CENTURY CAME ABOUT AS A RESULT OF THE INTRODUCTION OF RAILROADS INTO THE TERRITORY. MAIN LINES. TRANSPORTED EVERINCREASING COMMERCIAL PRODUCT, AS WELL AS OFFERING A MEANS BY WHICH LARGE-SCALE IMMIGRATION WAS MADE POSSIBLE. WITH THE EXPANSION OF COMMERCE CAME AN ATTENDANT GROWTH IN MUNICIPALITIES, TOWNS, AND SUPPORTIVE BUSINESSES INCLUDING STOREFRONTS AND SERVICE INDUSTRIES.

6. AS NEW MEXICO’S EASTERN PLAINS WERE OPENED SETTLEMENT, REGIONAL COMMUNITIES WERE BUILT TO SUPPORT SMALL FARMS. IN THE 1930S AND 40S AS THE SMALL FARMS FAILED WHAT BECAME OF THESE COMMUNITIES? ANSWER: MANY HOMESTEADS WERE ABANDONED AND FREQUENTLY ACQUIRED BY LARGE RANCHES. THIS CONSOLIDATION ELIMINATED THE NEED FOR SMALL TOWNS CHURCH AS COMMUNITY CENTERS AND MANY WERE EVENTUALLY ABANDONED. 7. HOW WERE OTHER INDUSTRIES AFFECTED DURING THIS PERIOD OF ECONOMIC DECLINE IN THE EARLY 20TH CENTURY? ANSWER: FEW COMMERCIAL INTERESTS WERE UNAFFECTED, WITH A DECLINE IN MINING AND LUMBER CAME THE CONSEQUENTIAL LOSS IN JOBS. THIS ECONOMIC CONSTRUCTION EFFECT AT ALL RELATED COMMERCIAL INTERESTS INCLUDING RAILROADS WHICH SAW A SIGNIFICANT DECLINE AFTER THE EARLY DECADES OF THE 20TH CENTURY.

us tERRITORIAL ACQUISITION Thoughts and observations

8. IDENTIFIES THE REGION OF THE STATE MOST SIGNIFICANTLY AFFECTED BY THE DROUGHT IN DUST BOWL OF THE 1930S? ANSWER: THE REGION OF THE STATE WHICH WAS LEAST ABLE TO WITHSTAND THE ENVIRONMENTAL AND ECONOMIC EFFECTS OF THE DUST BOWL AND THE GREAT DEPRESSION WAS THE EASTERN PLAINS. IT WAS IN THIS REGION THAT SUBSISTENCE FARMING, THE RESULT OF FEDERAL HOMESTEAD INITIATIVES WAS MOST PREVALENT. WHAT FEW ECONOMIC RESERVES TO SUSTAIN THEM, FAILING HARVESTS AND COMMODITIES MARKETS CREATED INSTABILITY IN THE REGION LEADING TO THE LOSS OF MANY FARMS, AND THE DESTRUCTION OF FAMILIES.

9. SUBSEQUENT TO WORLD WAR II MUCH OF NEW MEXICO EXPERIENCED A PERIOD OF ECONOMIC STABILITY AND TECHNICAL ADVANCEMENT. THIS WAS ESPECIALLY TRUE IN NEW MEXICO, WHAT WERE SOME OF THE CONTRIBUTING FACTORS TO THIS POSITIVE CHANGE IN NEW MEXICO’S FORTUNES? ANSWER: NEW MEXICO WAS THE BENEFICIARY OF CONSIDERABLE FEDERAL SPENDING BOTH IN TERMS OF DISCRETIONARY SOCIAL PROJECTS LIKE THE WPA, AND CCC BUT THE STATE ALSO EXPERIENCED GREAT BENEFIT FROM FEDERAL MILITARY INSTALLATIONS AND TWO PROMINENT NATIONAL LABORATORIES SANDIA AND LOS ALAMOS. 10. ANALYZE FACTORS THAT RESULTED IN THE GROWTH OF THE AGRIBUSINESS SUBSEQUENT TO THE GREAT DEPRESSION. ANSWER: AGRIBUSINESS WAS AN INDUSTRY WHICHBENEFITED SIGNIFICANTLY FROM THE DEMISE OF SMALL RANCHES AND HOMESTEADS. THIS OCCURRED THROUGH THE CONSOLIDATION OF SMALL HOMESTEADS ABANDONED DURING THE 1930S, AND BY LEGISLATION INCLUDING THE TAYLOR GRAZING ACT WHICH LARGELY SUPPORTED CATTLE INTERESTS.

us tERRITORIAL ACQUISITION Thoughts and observations 11. CONSIDER SOME OF THE INDIVIDUALS WHO WERE INSTRUMENTAL IN PASSING FEDERAL LEGISLATION THAT RESULTED IN JOB CREATION IN NEW MEXICO DURING THE 1930S. IDENTIFY SOME OF THESE FEDERAL LEGISLATIVE INITIATIVES ANSWER: SENATOR DENNIS CHAVEZ RANKING MEMBER ON BOTH THE PUBLIC WORKS AND APPROPRIATIONS COMMITTEE FOCUSED THE POWERS OF HIS OFFICE ON NEW DEAL LEGISLATION DESIGNED TO CREATE JOB OPPORTUNITIES FOR NEW MEXICANS. PROMINENT AMONG THESE INITIATIVES WAS THE PUBLIC WORKS PROJECT ADMINISTRATION AND CIVILIAN CONSERVATION CORPS. 12. SUMMARIZE A FEW OF THE POSITIVE ECONOMIC INITIATIVES THAT CAME ABOUT DURING AND AFTER WORLD WAR II AND HELPED TO GROW THE POPULATION BASE OF NEW MEXICO. ANSWER: IN 1940 TO THE AIRBASE ACQUIRED TWO YEARS EARLIER BY THE U.S. ARMY KNOWN TODAY AS THE KIRTLAND AIR FORCE BASE, ATO PROVIDE A TRAINING FIELD FOR MILITARY AIRCRAFT RESULTED IN AN INFLUX OF BOTH ENLISTED AND CIVILIAN PERSONNEL. ADDITIONAL ECONOMIC OPPORTUNITIES WERE PROVIDED BY THE EXPANSION OF BOTH SANDIA NATIONAL LABORATORIES AND THE LOS ALAMOS FACILITY. AS WAS THE CASE FOR THESE FACILITIES, OTHER FEDERAL AND PRIVATE INITIATIVES RESULTED IN PERIPHERAL JOB GROWTH AS WELL WITH SUPPORTIVE INDUSTRIES INCLUDING RETAIL, AND SERVICE SECTOR GROWTH. 13. IDENTIFY AND INDUSTRY WHICH EXPERIENCED SIGNIFICANT GROWTH IN THE 1920S ON THE EASTERN PLAINS OF NEW MEXICO, ONE WHICH HAS CERTAIN EXTENT AMELIORATED LOSSES EXPERIENCED IN FARMING AND RANCHING. ANSWER: IN THE EARLY 1920S OIL WAS DISCOVERED ON MEXICO’S EASTERN PLAINS, THESE DEPOSITS LLOCATED IN THE PERMIAN BASIN, WERE FOUND AT A TIME WHEN THE PROLIFERATION OF THE AUTOMOBILE MADE THEM PARTICULARLY ADVANTAGEOUS. 14. CONTRAST THE CHANGING TRANSPORTATION MODALITIES OF NEW MEXICO FROM STATEHOOD. ANSWER: IN THE 1880S THE RAILROADS LARGELY REPLACED HORSE AND WAGON AS THE CARRIER OF CHOICE, SIMILARLY THE AUTOMOBILE TOOK ON MANY OF THE DUTIES WHICH THE RAILROADS HAD PREVIOUSLY FILLED. A PRIMARY ADVANTAGE OF BOTH THE AUTOMOBILE AND COMMERCIAL TRUCKING OVER RAILROADS WAS THE ENHANCED PREROGATIVE TO CHOOSE DEPARTURE AND ARRIVAL TIME WHILE ALLOWING MUCH GREATER LATITUDE IN DETERMINING SPECIFIC DESTINATIONS.

us tERRITORIAL ACQUISITION Thoughts and observations

1. HOMESTEADING WAS: A. REPLACEMENT HOUSING B. OPTIONAL FARMLAND C. RURAL HOUSING D. SUBSISTENCE FARMING 2. LARGE NUMBERS OF HOMESTEADERS INTEGRATED INTO COMMERCIAL AGRICULTURE BETWEEN 1900 AND 1940. TRUE FALSE 3. THERE WAS A TRIFECTA OF SIGNIFICANT ISSUES WHICH RESULTED IN LARGE-SCALE FAILURE OF SMALLSCALE FARMING INITIATIVES DURING THE 1930S, ONE OF WHICH RELATED TO QUESTIONABLE FARMING PRACTICES WHICH HAD THE EFFECT OF SOIL DEPLETION AND DIMINISHED YIELDS, ANOTHER WAS A SUSTAINED AND SEVERE DROUGHT. IDENTIFY THE THIRD DEBILITATING COMPONENT.

ANSWER: THE RISKS INVOLVED WITH FALLING COMMODITY PRICES COMBINED WITH AN UNSUSTAINABLE DEBT LOAD, FREQUENTLY INCURRED BY EQUIPMENT PURCHASES INTENDED TO INCREASE YIELDS AND RESULT IN AN EXPANSION INTO COMMERCIAL COMMODITY PRODUCTION. 4. IN THE HOPE THAT HOMESTEADERS WOULD EVENTUALLY BECOME LARGE COMMERCIAL FOOD GROWERS PRESIDENT WOODROW WILSON SIGNED LEGISLATION THAT HE HAD PREVIOUSLY VETOED . EXPLAIN WHAT THIS LEGISLATION WAS DESIGNED TO DO. ANSWER: THE LEGISLATION AUTHORIZED BY THE WILSON ADMINISTRATION PROVIDED LONG-TERM CREDIT TO FARMERS, MANY OF WHOM WOULD HAVE HAD NO SIMILAR RECOURSE THROUGH COMMERCIAL LENDING INSTITUTIONS.

5. DID THIS LEGISLATION ACCOMPLISH ITS PURPOSE? COMPARE THE RESULTS OF THIS LEGISLATION IN VARIOUS REGIONS OF THE COUNTRY WITH ITS EFFECT ON NEW MEXICO’S EASTERN PLAINS. CONTRAST THE RESULTS, AND USE SUPPORTIVE DATA TO DISTINGUISH BETWEEN THE TWO. ANSWER: IT WAS THE HOPE OF THE WILSON ADMINISTRATION WAS THAT GOVERNMENT BACKED LOANS TO SMALL FARMERS AND RANCHERS WOULD ALLOW THE ACQUISITION OF ADDITIONAL ACREAGE AND FARM EQUIPMENT, WHICHIN TURN, WOULD ALLOW FARMERS, RANCHERS, AND HOMESTEADERS TO SURVIVE AND IDEALLY EVIL TO THE POINT OF SELF-SUSTAINING COMMERCIAL GROWERS, WHOSE INCREASED YIELD WOULD EXPAND THE NATION’S FOOD SUPPLY PRIOR TO WORLD WAR I. THIS LEGISLATION DID HAVE A POSITIVE IMPACT ON REGIONS OF THE CENTRAL MIDWEST, A.K.A. BREADBASKET STATES, THOUGH DEEP AND PROLONGED DROUGHTS IN THE SOUTHWEST BETWEEN 1917 AND 1923, MEANT THAT THESE LEGISLATIVE INITIATIVES HAD THE EFFECT OF INCREASING FAILURE RATES AMONG INDEPENDENT FARMERS DUE TO UNSUSTAINABLE DEBT LOADS.

6. APPLYING PALEONTOLOGICAL EVIDENCE WHAT MAY BE SAID ABOUT CYCLES OF DROUGHT OF THE TYPE THAT SPAWNED THE DUST BOWL IN THE 1930S? ANSWER: IT IS CLEAR THAT THE AMERICAN SOUTHWEST, AND NEW MEXICO IN PARTICULAR IS SUBJECT TO REGULAR DEEP AND SUSTAINED DROUGHTS SOME OF WHICH HAVE BEEN THE CATALYST FOR MIGRATORY INITIATIVES AND THE DESTRUCTION OF CIVILIZATIONS INCLUDING THAT OF THE ANCESTRAL PUEBLO IN CHOCO CANYON AND THROUGHOUT THE FOUR CORNERS REGION. IT WAS ALSO A CONTRIBUTING FACTOR TO THE PUEBLO UPRISING IN 1680, WHICH CAME AT THE END OF A PARTICULARLY SEVERE SEVEN-YEAR DROUGHT.

7. IS IT POSSIBLE TO FORMULATE AND ACCURATE CONCEPT OF THE LEVEL OF DEVASTATION THAT WILL ATTEND FUTURE DROUGHTS? ANSWER: NO, ULTIMATELY THE EFFECT OF A DEEP AND SUSTAINED DROUGHT ON NEW MEXICO AND ITS PEOPLE HAVE IMPLICATIONS BEYOND THOSE OF CLIMATOLOGICAL PROJECTIONS, WHICH INCLUDE PRINCIPLES OF CONSERVATION AND RESOURCE MANAGEMENT ON A REGIONAL, NATIONAL AND GLOBAL LEVEL. 8. CORRELATE THE EFFECTS OF LOGGING IN NEW MEXICO WITH AGRICULTURE IN THE SOUTHERN RIO GRANDE VALLEY DURING THE EARLY 20TH CENTURY. ANSWER: SPRING FLOODING IN SOUTHERN NEW MEXICO, A CONSTANT FEATURE OF THE REGION PRIOR TO THE ESTABLISHMENT OF ELEPHANT BUTTE DAM IN 1911, WAS INTENSIFIED BY LOGGING IN NEW MEXICO’S NORTHERN FORESTS. DENUDED LAND, BEING LESS ABLE TO HOLD EXCESSIVE RUNOFF INTENSIFIED THE PROBLEMS ASSOCIATED WITH FLOODING THROUGHOUT MANY REGIONS OF THE STATE, BUT MOST SIGNIFICANTLY AFFECTING THE SOUTH-CENTRAL REGION.

1. THE ATTORNEY FOR THE JUDICIAL DISTRICT COMPRISING NORTHEAST NEW MEXICO REPORTED ON HIS ATTEMPTS TO COLLECT ON DELINQUENT TAXES: “IT WOULD BE A PHYSICAL IMPOSSIBILITY FOR MY OFFICE TO BRING PERSONAL SUITS AGAINST DELINQUENT TAX PAYERS . . . IT WOULD SIMPLY MEAN THAT WE WOULD DRIVE OUT OF THE COUNTRY OUR FARMERS. . . . I ESTIMATE THAT FULLY ONE‑THIRD OF OUR PEOPLE ARE GONE, MANY NEVER TO RETURN.” SUMMARIZE THE UNDERLYING CAUSE FOR THE JUDICIAL ATTORNEYS DIFFICULTIES, ASSESS THE EXTENT OF THIS PROBLEM AND RECOMMEND POTENTIAL REMEDIATION. ANSWER: SIGNIFICANT DOWNTURN THAT CHARACTERIZED THE ECONOMY OF NEW MEXICO’S EASTERN PLAINS, AND MUCH OF THE US AGRICULTURAL ECONOMY OF THE 1920S, MEANT THAT PROPERTY TAXES WERE IMPOSSIBLE TO COLLECT. AND THAT FOR THE STATE TO BRING SUIT AGAINST HOMESTEADERS, FARMERS AND RANCHERS WOULD SIMPLY HAVE RESULTED IN ADDITIONAL BANKRUPTCIES AND FAILURES. POSSIBLE SOLUTIONS MAY INCLUDE A RETROACTIVE REASSESSMENT OF PROPERTY VALUES. RESULTINGIN A REDUCED VALUATION AND TAX BILL. IT IS ALSO POSSIBLE TO DEFER TAX COLLECTION TO A FUTURE DATE. THIS WAS AN ACTION TAKEN BY MANY STATES AT THE TIME. 2. WHAT BUSINESS BESIDES FARMING AND RANCHING WAS PARTICULARLY HARD HIT IN NEW MEXICO DURING THE 1920S AND 30S? ANSWER: THE BANKING INDUSTRY SUFFERED CATASTROPHIC LOSSES DUE TO AGRICULTURAL INVESTMENTS 3. IN THE LATE 1920S, THE DEPARTMENT OF AGRICULTURE REPORTED ON SETTLERS AND DRY-LAND FARMING IN EASTERN NEW MEXICO. THEY CONCLUDED THAT FARMING IN THE AREA “IS LIMITED TO A SIMPLE, NEARLY SELF‑SUFFICING ORGANIZATION. . . .IF A FARMER . . . AND HIS FAMILY ARE SATISFIED TO LIFE MAINLY OFF THE PRODUCTS OF THE FARM, HE CAN CONTINUE TO FARM IN SUCH AN AREA INDEFINITELY.” COMBINE WHAT YOU KNOW OF THE REALITY OF FACTORS FACING HOMESTEADERS ON NEW MEXICO’S EASTERN PLAINS TO REWRITE THE PREVIOUS SENTENCE SUCH THAT IT IS CONSISTENT WITH THE FACTS. ANSWER: THERE ARE A NUMBER OF POTENTIAL WAYS TO REWRITE THE ABOVE SENTENCE SUCH THAT IT IS CONSISTENT WITH THE REALITIES OF THE TIME, THOUGH EACH WOULD ALMOST CERTAINLY CONCLUDE THAT IT WOULD NOT BE POSSIBLE FOR FAMILY TO CONTINUE HOMESTEADING IN THE REGION INDEFINITELY, PARTICULARLY IN THE TEETH OF THE TRIFECTA OF THE 1930’S; DROUGHT, DEPRESSION, AND UNSUSTAINABLE COMMODITY PRICES. A POSSIBLE REWRITE MIGHT READ: “FARMING IN THE AREA IS ECONOMICALLY AND AGRICULTURALLY STRESSED SUCH THAT ENVIRONMENTAL AND ECONOMIC REALITIES PLACE SUSTAINABILITY BEYOND THE REACH OF FAMILIES IN THE REGION. THESE CONDITIONS SUPPORT THE VIEW THAT JUDGEMENT TO THE CONTRARY IS HIGHLY QUESTIONABLE.”

the study of history models and modalities

istorians welcome ideas and methods of analyzing evidence from other fields. For instance, quantitative history uses quantitative data such as election returns, price levels, and population figures from earlier periods to re-create a general picture of earlier times. Because quantitative data is uniform, it measures within context â&#x20AC;&#x201C; votes, prices, numbers of inhabitants over time and so on. In this way comparisons can be made among statistics from different periods. The support of a political party, or social initiative over time, the price of commodities such as comestibles or energy, and demographics, the rate at which the size of a town rises or falls can all be examined historically and compared with contemporary statistics in order to arrive at the world within a historical context. If it is possible to capture historical data within context, then uniform numbers should measure like items over a period of time. In this case data can be subjected to mathematical analysis. Percentages, ratios, averages, the mean median, and mode can all be obtained. If the data set is large, a historian may subjected to complex analysis that enables him to explore patterns within the numbers and among subgroups: the frequency distribution, the standard derivation, and the coefficient of variation. Statistical analysis may be used to determine the rate at which prices rise or fall, they are frequently used to establish demographic modeling to be used within the context of political campaigns or marketing strategies. As computer technology continues to progress, the work of the historian becomes more refined and tasks become more manageable. This allows researchers to work with very large data sets, and analyze them in new ways.

Primary and Secondary Sources of Evidence Primary sources of the two fundamental forms of historical evidence primary sources are perhaps the most vital. This resource could be a record of the actual words of someone who participated in or witnessed an event and described it or of someone who has information derived from participants in a historical event. Primary sources can be newspaper accounts, diaries, notebooks, letters, minutes, and interviews. In short a primary source may include any work written by someone with a legitimate claim to have first-hand knowledge of an event. Primary sources may also include official records and statistics such as those relating to births, marriages, deaths taxes deeds and court trials. Within the last hundred and 50 years, an important component of the historical record has been photographs, films, and audio and videotapes. These recordings of events are also primary sources of evidence. Artifacts may also be considered a primary source. Among those items which would fall under this classification would be items created by people including: houses, public buildings, tools, clothing, musical instruments, cultural artifacts, and religious icons. Secondary sources are those materials which record the findings of writers who are not participants in a historical episode, but have investigated primary references. When historians publish results of their research, they create secondary sources, which can then be read by other scholars and students. Most history books and articles are resources of this nature, and the footnotes and bibliography help identify the resources that the historian used to create his secondary resource.

CAN YOU THINK OF A WAY THAT A DOCUMENT CAN BE BOTH A PRIMARY AND A SECONDARY SOURCE? ANSWER: AN ARTICLE DETAILING THE US MILITARY CAPTURE OF SANTA FE WOULD BE CONSIDERED A SECONDARY PIECE OF EVIDENCE. IF THAT SAME ARTICLE WERE USED TO CHRONICLE AN ASPECT OF THE WRITERâ&#x20AC;&#x2122;S LIFE, THEN IT WOULD BECOME A PRIMARY DOCUMENT BECAUSE IT REPRESENTS DIRECT EVIDENCE ABOUT THE WRITER.

ATIVE AMERICANS IN

ike many other Americans, thousands of Native Americans served with distinction in the military during World War II. This was the first large-scale exodus of indigenous people from federally established reservations since the removal and relocation of Indian tribes in the 1830s, and the effect, in terms of both the prosecution of the war and social integration was profound. Based upon mythology surrounding the Indian warrior, Native American soldiers were initially held in high esteem

by fellow recruits, but even this admiration was overshadowed by a demonstration of an overwhelming willingness and desire to serve their country. Admiration was amplified with the realization that their language, which had evolved over thousands of years in relative isolation, could be used to secure military communications. This theory was ultimately supported by the fact that throughout the prosecution of the war, the code created by code talkers was never broken by the Japanese.

The argument that a disproportionate percentage of Native Americans served in the US military during World War II, has been debated, but what is beyond dispute is that approximately 44,000 Native Americans served with great distinction.

The war brought about many significant changes throughout the United States, and the social fabric of Native American culture was no exception. The effect of contact with people from various parts of the United States resulted in a more profound understanding and deeper appreciation for individuals regardless of heritage. This commonality had the effect of expanded employment opportunities after the war. Job creation, buoyed by labor shortages, resulted in both the acquisition of skills and the ability of Native

Americans to find work away from the reservations. Employment and social change aside, there was underlying every other aspect of the war, incalculable pain and sorrow. Loss was experienced across every social demographic, but among the Pueblo people, it had particular resonance as less than half of their sons and daughters returned from the war. While losses of this nature have no justifiable metric, this staggering proportion, was for a population so small, unknown throughout the U.S. military.

N WORLD WAR TWO

reliable and secure system of communication is in any society highly desirable. One need look no further than the proliferation of cell phones to appreciate the value placed on the ability to remain in close contact with people in our lives. In short, we like to talk, text, e-mail and tweet in order to coordinate our lives with others. However, during times of war the value of communication transcends ease becoming literally a matter of life or death. Communicative modalities during World War II where not as they are today. The transmission of directives, battle plans and troop locations which were typically relayed over portable analog radio stations, allowed enemy combatants to receive, and absent adequate encryption, comprehend and disrupt strategic military operations. As a result cryptologists worked intensely during World War II to create codes that would be indecipherable against the best efforts of highly sophisticated code breakers. Once a code was broken, great advantage was given to forces successful in breaching lines of communication. The British, for example, successfully broke an important German code, after capturing an encryption machine known as Enigma from a German submarine in 1941. Alan Turing, working at a British cryptographic center used a prototype computer to work through millions of possible combinations words and letters before successfully deciphering the enormously complex code. With the ability to understand German radio transmissions, the British knew in advance the placement of German troops, ships, and aircraft. This gave them an immense advantage in a number of engagements, significantly the Battle of Britain and El Alemain. Conversely, Japanese code-breakers ably deciphered U.S. Army, Navy, and Air Corps codes, but were unable to break the U.S. Marine’s code based upon the Diné, or Navajo language. Its use in the Pacific during WWII was a vital component to American success throughout the war. Code talkers monitored battles and were able to

relay enemy positions and movements, ability which was essential in directing fire, sending for supplies and aligning reinforcements and medical help. One code talker in the Third Marine Division, George H. Kirk Sr., remembered: “The Japanese were preparing to attack an American installation on Guam. Our Marine reconnaissance found their location and the code talkers sent a message to a battleship and two artillery units to tell them where the target was. The Japanese were wiped out and our commander, Major General Erikine, and an unknown number of troops were saved by our language.” The success of the Diné code rested on the fact that at the beginning of WWII, the language was still unwritten and spoken by very few non-Navajos. One of the few bilagaana (non-Navajos) who could speak Diné was Philip Johnston. A son of missionaries, Johnson was raised in Luepp, Arizona, and grew up playing with Navajo children. A veteran of World War I, Johnston knew that American Indian code talkers had operated to great effect during the First World War, and read, after the attack on Pearl Harbor that the U.S. Army was experimenting once again with Indian code talkers. It occurred to him that Diné might work as a code. Johnston took the idea to Major James E. Jones of the Marine Corps at Camp Elliot, California. The major secured a meeting with Major General Clayton B. Vogel of the Pacific Fleet. Johnston located four Navajos working in the Los Angeles area and drove them to Camp Elliot. General Vogel gave some commands to two of the Navajo men and asked them to transmit the message over a field telephone to the other two men, who were stationed in a distant office. The men translated Vogel’s message into Diné, and communicated it to the other men. They in turn, translated the message back into English and gave it to Vogel. The General was impressed. The whole process had taken a few minutes as opposed to the hours typically needed using a cumbersome encoding machine. The result was general agreement that Navajo code talkers could and should play a key role in both the European and Pacific theaters. At Gen. Vogel’s recommendation the Marine Corps Comdr. issued an order for the recruitment of 200 Navajo Indians.

ATIVE AMERICAN co

alling for an initial pilot project of thirty code talkers the Marine commander sent a recruiter to the Navajo Reservation, where in 1942, approximately 50,000 Navajos lived on a reservation covering much of northwestern New Mexico, northeastern Arizona.

an effort to assimilate theNavajo into an established notion of American culture. For this reason, the schools forbade the speaking of Diné, an infraction for which the typical punishment was an unpleasant mouthwash with bath soap.

Of the 200 applications initially received, the Army eventually chose twenty-nine whose selection was based upon their comprehensive understanding of both the Navajo language and culture. Once chosen, the men were sent to boot camp in San Diego, where the future code talkers trained as marines.

Navajo Code Talker

Despite the grueling training, which typically saw the dropout of a high percentage of recruits, each of the twenty-nine Navajo recruits, successfully completed all aspects of the required training. Many of the men were used to a rigorous physical life on the desert, leading one Navajo recruit to tell an officer: “This Marine stuff is nothing compared to the hell we had to take in the boarding schools.”

The armies first recruits were drawn from reservation boarding schools run by the federal government in Shiprock and Fort Wingate, New Mexico. These were schools switch had been established in the late 19th century, a time when the U.S. government required Navajo children to attend boarding schools in

One Navajo Code Talker, Carl Gorman, recalled being chained to an overhead pipe in his school’s four-foot high basement for a week for speaking Diné. He was therefore justifiably astonished when the Army listed among its requirements the ability to speak fluent Diné.

he c t only wee create within time Navaj guag acqu 211 w and a alpha

ode Talkers

pon the completion of basic training, Navajo recruits were briefed on their secret mission and the need for a code that would be based upon the Navajo language. Early in the process, it was realized that an entirely new vocabulary would have to be created for words that did not already exist in their language. The result was a creative blending of natural objects with military machinery, submarines became fish, planes - birds, and various terrestrial objects were named after animals that were associated by ways of movement and appearance. The creative analogies worked well, but there was another important aspect to the process that would have to be considered. Battle conditions, combined with inherent limitations of radio technology at the time, would amplify problems inherent in code words that sound alike but had different meanings. With this in mind, the Navajo language was also expanded to include words that had never before existed.

e final code took eight eks to e, and n that e, the jo lange had uired words a new abet.

ing a transmission, work on triangulation would began, which would quickly pinpointing the source. Within minutes bombers would be sent to destroy the source of the broadcast. One code talker remembered a transmission sent on 11 November 1943, “To all units: Japanese are booby-trapping personal equipment, installations, and bivouacs— over.” In less than thirty seconds, he had received and relayed the message. “I received the warning message and passed it along to the rear units, shut off my radio, and moved only about 10 yards when a Japanese mortar hit the exact spot from which I had just sent the message. One of the first things they teach you in the field training exercise is to send, receive, ‘Roger’ the message, and move! Surviving code talkers were the ones who learned that lesson early on. “

The Navajo also faced periodic danger from fellow marines, who sometimes mistook them for Japanese spies. Several errant MaThe final code rines once “captured” Bill took only eight Toledo, and unceremoniweeks to create, ously brought him before and within that the battalion commander, time, the Navajo who not only revealed Tolanguage had ledo’s identity, but immeIwo Jima Memorial in Arlington VA acquired, in addiately commissioned one dition to a new of the arresting officers to alphabet, 211 surprisingly innovative words. be his bodyguard. Commanders throughout the military, Concern for the code breaking capabilities of the acquired a profound appreciation for the value the code Japanese, led the Navajo to create an additional talkers, and the important service they provided. code within a code by the replacement of new words for the six most commonly used letters. Through the course of World War II, Code Talkers were credited with saving countless lives. Marine Major Howard Upon completion, and memorization of the code, Conner distinctly remembered one such occasion “Dur27 Navajo shipped out to Guadalcanal in order to test ing the first forty-eight hours, while we were landing and the system under the stress of actual battle conditions. consolidating our shore positions, I had six Navajo radio Two code talkers remained behind to serve as instructors networks operating around the clock. In that period alone, with the result that by the end of the war the Marines had they sent and received more than 800 messages without a total of 420 Navajo code talkers. an error.” He concluded: “Were it not for the Navajos, the Marines would never have taken Iwo Jima.” Radiomen were in constant danger. The Japanese had tracking equipment that was highly effective which they used to devastating effect. Immediately upon intercept-

New Mexico internm World

Japanese internment camps in New Mexico

The internment camp located in Santa Fe, built on the site of an abandoned Civilian Conservation Corps camp, began operating on 14 March 1942 when it processed its first Japanese “alien enemies.” Between March and September, the government held hearings to determine the extent of the loyalty to the U.S. of the 826 prisoners. 303 men were deemed “undesirable enemy aliens,” and sent to army prisoner of war camps. The remaining prisoners received permis-

xecutive order, 9006, signed by President Franklin D. Roosevelt, over the objections of many advisers including his wife, Eleanor Roosevelt, authorized the arrest and imprisonment of JapaneseAmericans at sites around the country including Lordsburg and Santa Fe, New Mexico.

Racial hatred and war hysteria combined, after the bombing of Pearl Harbor in 1941, to create the level of fear and hostility necessary for the US government to disregard constitutionally guaranteed protections, suspend habeas corpus, and summarily imprison US citizens during World War II.

Fear and hatred exacerbated by quickly discredited reports of a Japanese-American conspiracy, which held that US citizens of Japanese heritage were complicit with an impending Japanese attack on the US West Coast led to the creation of internment camps throughout the country, including three in New Mexico. Between March 1942 and April 1946, the Federal government actively arrested and imprisoned 4,555 persons of Japanese ancestry in a Department of Justice Internment Camp in Santa Fe. The Army also operated a prisoner of war camp in Lordsburg which likewise deprived many more US citizens of not only their constitutionally guaranteed civil rights, but their families, jobs, homes, businesses and personal possessions as well. That which they were allowed to keep where personal items, limited to that which could be contained in a single suitcase.

sion to join t h e i r families in the relocation camps or to live away from the military zone. After the last prisoner left on 24 September, the camp accepted another wave of internees on 23 March 1943. By 30 June the camp held 1,894 men. The internees from 1942 had mostly been farmers and fishermen, but the second wave of internees, included people from fairly every professional field, including college professors, doctors, actors, and journalists. Twelve of the new internees of Japanese descent came from Central and South America.

Separated from their families, the men made the best of life in prison, though contact with friends, business associates or family members was problematic. There were no phones available to inmates and Camp personnel censored all written communications, as well as library material that “could tend to incite the internees against

ment camps during d War II the [U.S.] Government and its policies”. The years of imprisonment proved very hard on men who were both industrious by nature, and keenly aware of the extent of the injustice done to them and their families. One internee, Yoshiaki Fukada, described their time behind barbed-wire fences as akin to “fencing a thousand freespirited mustangs.” The unconstitutional nature of the internment was established by a Supreme Court ruling in December of 1944, in which Justices held that the detainment of citizens was more than illegal, it was in the court’s final opinion, both unconstitutional and heinous. Nevertheless, the very day that the Supreme Court handed down its opinion citing the unconstitutionality of the detention camps, an

order was issued by a US federal court in the case of Korematsu v. United States, which held that the exclusion process was in fact constitutionally consistent, and a legal basis for segregation, a ruling which mirrored the decision in Plessy V. Ferguson, itself the basis for an abrogation of civil rights throughout the first half of the 20th century.

More than a year later, on January 2, 1945, the exclusion order was itself rescinded and a bleak chapter in US and New Mexico history came to an end. Unfortunately the question of lost homes, jobs and possessions, to say nothing of the spurious racial vilification of Japanese Americans which was reinforced by the process, was not so easily dispensed.

Citizen prisoners were released after wars end, given $25 and a train ticket to their former homes. While many did return to what was left of their previous lives, some found the experience so horrendous and unconscionable that they felt that they could no longer live in the United States, and left the country. The last internment camp was finally closed in 1946 nearly a year after the end of the War.

In 1983 a team of attorneys reopened cases related to the US internment policy. The court found that government lawyers had suppressed evidence and made false statements in their original presentation to the Supreme Court, leading to the conviction of two Japanese-American citizens. Five years later, in 1988, Congress authorized partial restitution payments of $20,000 to each of the 60,000 survivors of the internment camps.

HE NEW MEXICO NA

he history of the New Mexico National Guard is unique among state-run militia throughout the country. Among the multitude of examples that might be offered in support of this statement, consider this: the New Mexican militia has, since the 16th century, served no less than three sovereign nations, Spain, Mexico, and the United States, was instrumental in the establishment of the first colonies in New Mexico, the defeat of Confederates during the Civil War, and served with distinction in the Pacific theater during World War II. The Spanish Colonial Militia was instituted on April 30, 1598 when Juan de Onate’s colonizing expedition crossed the Rio Grande and marched north into New Mexico. Because there were no regular Spanish soldiers with the expedition and none assigned to the new colony, the military needs were undertaken by civilian members themselves. By the early 18th century and the population of the New Mexican province had grown and settlements proliferated to the extent that local leaders were chosen to organize and command citizen soldiers. These civilian military leaders were charged with responding to a call to arms by the Governor with as many citizen soldiers as could be mustered, each with a personal stake in the defense of the community, and due to limited assistance from a government 1200 miles removed, each providing his own horse and arms. This system prevailed with little change through the end of the Spanish Colonial Period in 1821, and continued, largely unchanged, through the course of Mexican hegemony as well. The first organized territorial militia was established in 1846 when New Mexico came under the protection of U.S. Army troops commanded by of Stephen W. Kearny, and was in some ways a perpetuation of the militia that had existed under Mexican rule, with many common

members and similar regulation. In 1862 the Territorial Militia was instrumental in the protection of not only the community, but the state and federal government as well in the defeat of Confederate forces in the Battle of Glorietta. After the Civil War, the Militia returned to a period of active engagement in Indian campaigns that lasted through the 1880s. In 1898 the war with Spain called for the organization of volunteer forces, immortalized as Teddy Roosevelt’s “Rough Riders”. Many New Mexico guardsmen helped form the second squadron, first United States cavalry, which served with Roosevelt at the legendary charge up San Juan Hill. Interestingly, Roosevelt selected members of the New Mexico guard for their singular equestrian skills, but due to inadequate transport facilities no horses sailed to Cuba with the future president and as a result, the charge up San Juan Hill was executed, hyperbolic images notwithstanding, on foot. After the war with Spain, units of the New Mexico National Guard were again placed in active service, this time along the US Mexican border, in response to the raid by forces under the command of Poncho Villa, of Columbus New Mexico in 1916. The National Guard spent the following year guarding the boundary against a repeat attack. The need for additional active duty

Teddy Ro

ATIONAL GUARD

oosevelt

troops during World War I resulted in a period of conscription for members of the Guard, and many of those drafted served their tour of duty as infantry in the European theater. In 1940, the New Mexico National Guard, which had been reorganized into the 111th Cavalry Regiment, was redesignated the 200th Coast Artillery, and in August 1941 the 200th was given notice that it had been selected for an overseas assignment of great significance. With World War II raging in Europe, and the Japanese Imperial Navy gaining strength in the Pacific, the Coast Artillery Unit was to be trained in the use of antiaircraft weaponry, and stationed in the Philippines.

Eight months later, on December 8, 1941, just one day after Japan attacked Pearl Harbor, Japanese air forces began bombing Clark Air Field and Fort Stotsenberg, located just north of Manila, on the southern end of Luzon. The same day, Japan’s Imperial Army landed its first regiments in northwest Luzon and began their march toward southeastern Luzon and the Bataan Peninsula. Japan’s ground invasion prompted U.S. and Filipino soldiers— then numbering more than 75,000—to begin mobilizing in the hope of slowing the advance of the Japanese Imperial Army. By the middle of February of 1942, the Battle of Bataan had begun, with U.S. and Filipino forces backed against Manila Bay by the powerful Imperial Army. The final battle between Japanese army regiments and the remnants of U.S. and Philippine forces was a bloody and relentless fight whose end was all but inevitable. The inability of US troops to acquire troop reinforcements, ammunition, and other war materiel made certain the impending defeat, and resulted in the US -- Philippine surrender.

Bataan Death March

he bataan death March

On April 9, 1942 the Japanese Imperial Army secured the surrender of U.S. Army Commander Jonathan Wainwright, General Edward King, and the approximately 70,000 troops under their command. Almost immediately, Japanese troops ordered a forced march of U.S. and Filipino captives to the waiting brutality and privations of POW camps 75 miles away. Conditions during the Death March could not have been more horrific; days spent marching under an unrelenting tropical sun without food or water, oppressive jungle conditions made worse by the fact that one would be tortured for falling, and killed if unable to rise.

The result of this torturous hell was that more than onethird of all soldiers captured— by some estimates, over 30,000—were either killed or died from dehydration, exposure and exhaustion between April and May of 1942. Many of the dead belonged to the 200th Coast Guard Artillery Unit, formerly, the New Mexico National Guard; a fact which was not unassociated with New Mexico’s having the highest per capita death toll of any State in the Union in World War II.

tHE mANHATTAN pROJECT

rior to the start of World War II, German physicists had been attempting to increase the size of the largest known atomic nucleus. Comprised of 238 protons and neutrons, the uranium atom’s ability to contain such a large number of particles made it at once a point of riveting curiosity and particularly unstable. The fact that it was so unstable was an important consideration when viewed from the standpoint of it’s potential use as fissionable material. In 1931, attempts to create a new substance from U238, resulted in something unexpected, the mass of the nucleus got smaller when bombarded with high-energy particles, not larger as had been anticipated. Even more surprising was the fact that instead of absorbing material, it was unexpectedly creating what appeared to be unrelated matter, and according to calculations, if the atom where somehow to be split apart the released energy would be something truly extraordinary. None of this was news to Albert Einstein. His 1905 calculation E=MC² said in effect, that E - energy was at a fundamental level, the same thing as M -mass, times C - the speed of light - squared. In other words -- a bit of matter contained as much energy as its mass -- times 670,000,000 mph, times 186,000 mi per sec. So, the idea, simply put, was that if one had a bit of matter, and were clever enough to release the frozen energy it contained, a point of some consequence could most certainly be made. The Germans did in fact have someone who was clever enough, and by 1935, she was on the verge of discovering the explosive importance of uranium 238. Fortunately for Allied interests, she was also a Jew, and barely escaped

helping to deliver an atomic bomb to Nazi Germany by escaping death and Germany in the months prior to the beginning of World War II. While this escaping was going on, another physicist who had also escaped Nazi

persecution for his Jewish faith was writing a letter to the President of the United States, Franklin Delano Roosevelt. In it, Albert Einstein suggested the very real possibility that a bomb of previously unimagined proportion could be produced by means of nuclear fission, adding with a cautionary note that in his opinion the German government was almost certainly in the process of attempting to produce such a weapon themselves. This letter became the catalyst for the sense of urgency which led to the establishment of the Manhattan Project. This covert operation assembled the greatest scientists in the world for a technological race against time and impending defeat.

In such a battle, there was a need for both absolute secrecy and alacrity. Concealment alone would have been sufficiently difficult, especially given the scope of the project and the fact that research was carried out across two continents, but urgency, it turned out, posed even greater difficulties, beginning with the fact that an entire infrastructure had to be created in order to simply generate the

materials necessary to build a bomb which had only been theoretically postulated. This is to say nothing of the plethora of issues associated with the real world application of the untried theories which necessarily had to be resolved in advance of the production of a functional nuclear weapon. Then there were the mounting concerns which troubled a number of the physicists working on the project. One which was particularly unsettling, was speculation that detonation of such a device could result in a chain reaction that would be unstoppable, and result in nothing less than planetary construction.

The process of creating an infrastructure necessary to produce components of the bomb was carried out under the auspices of the US Army Corps of Engineers under the command of Maj. Gen. Leslie R. Groves. The formal title of the research project was the Manhattan district, US engineer department, but in the early days it was generally referred to as the Manhattan engineer District or

The research was coordinated between more than 30 locations throughout the United States including universities in Canada and the UK, and the project itself employed at its peak more than 130,000 people. The three primary research and production facilities were; the Hartford site in eastern Washington which was charged with the production of plutonium, the uranium enrichment facility at Oak Ridge Tennessee and the weapons and design laboratory located in Los Alamos.

The Manhattan Project succeeded in producing two bombs, the first, code-named little boy was classified as a gun type fission weapon and was made from uranium 235, an isotope of uranium that exists in only 7/10 of one percent of all natural uranium. The second bomb was an even more complex plutonium core device called fat man. This was the bomb which was first detonated at the Trinity site in July of 1945

By executive order, Pres. Harry Truman ordered the nuclear weapon, “Little Boy” to be dropped on the city of Hiroshima on Monday, August 6, 1945, the detonation of which was followed by that of “Fatman” on August 9. Each explosion generated heat estimated at 3900°C, (7000°F) and 624 mph winds.

The explosion killed between 90,000 and 166,000 people in Hiroshima, and between 60 and 80,000 in Nagasaki. It is estimated that approximately half of the deaths occurred on the day of detonation.

MED, further shortened in the years ahead to the Manhattan Project, then the Project, and finally, Fred. British Prime Minister Winston Churchill’s recollections of news received during the Potsdam Conference, July 17, 1945

The event known as Trinity was the culmination of 27 months of theoretical science and applied technology, which together ushered in the atomic age.

The atomic bomb is a reality . . . Here then is a speedy end to the Second World War, and perhaps to much besides . . . Up to this moment we had shaped our ideas towards an assault upon the homeland of Japan by terrific air bombing and the invasion of very large armies. . . . Now nightmare picture had vanished. In its place was the vision—fair and bright indeed it seemed—of the end of the whole war in whole war in one or two violent shocks . . . Moreover, we should not need the Russians. The end of the Japanese war no longer depended upon the pouring in of their armies . . . . We had no need to ask favours of them . . . . We seemed suddenly to have become possessed of a merciful end of the slaughter in the East and of a far happier prospect in Europe. I have no doubt that these thoughts were present in the minds of my American friends.

At 5:30 AM Mountain Time on July 16, 1945, the Jornada del Muerto, kept faith with its name as the location for the first nuclear bomb detonation

OS ALAMOS

tem and hardware for the first true supercomputer.

ork at Los Alamos culminated in the creation of several atomic devices, one of which was used in the first nuclear test in the remote desert near Alamogordo, known today as White Sands missile Range. Code-named “Trinity”, the blast on July 16, 1945, was the test of an implosion design plutonium device nicknamed “the gadget”. The bomb Produced an explosive equivalent of 20 kilotons of TNT , and is generally credited with the establishment of the nuclear age. By the end of World War II the United States had invested nearly $60 million at Los Alamos for computing equipment used to do the highly advanced mathematical modeling necessary to create the atomic bomb. One ancillary result of this computer research was a computational technique called Monte Carlo. This computer design was subsequently used to model complex physical systems involved in fields such as theoretical physics, and medical diagnosis.

Ongoing research at Los Alamos in the late 1940s and early 1950s led to the development of predecessors to the first large-scale computer in New Mexico – sequentially, The Mathematical Analyzer, Numerical Integrator, and finally a machine which would be recognized today as a rudimentary binary Computer. MANIAC, was originally built to solve large-scale hydrodynamic problems associated with atomic weapons, but was also used to help solve basic problems in particle physics and DNA sequencing. This pioneering work in computer science at Los Alamos was recognized by IBM in 1961 when it selected the laboratory to help develop a very early supercomputer called STRETCH. The technical ideas developed for stretch became the basis for IBM computing systems over the next 20 years, and lead eventually to the personal computer that we recognize today. Los Alamos laboratories also partnered with Cray research Corporation, and in 1974 developed the operating sys-

y the late 1990s an era of scientific simulation had been ushered in by the increased functionality of computational systems. This meant that the physical world could, for the first time be mathematically and visually simulated using computers. Work done on increasingly sophisticated, subsequent generations of computers have allowed us to understand; human brain mapping, study human visual processing, tracking, as During the Manhattan Project, Los Alam well as the ees, all living under a veil of secrecy (its evolution box, number 1663, in Santa Fe, New Me and spread tives of the program was the time will m of viruses. cially given the fact that residents at Los Data from Nobel Prize-winning scientists. This fact these inprising legacy. Not only is northern New struments premier scientific research lab, but our s has also capita population of been used in geophysical prognostication, and as such has been useful in accurately predicting events from macro global climatological disruption to the localized direction and points of vulnerability in wildfires.

In addition to its research in computing, Los Alamos has led the nation in the development of detector technology. Detectors are instruments designed to do a variety of tasks including the measurement of minute subatomic particulate. In 1956, Los Alamos scientists developed a detector that proved the existence of the neutrino, a particle having no electrical

charge and little or no mass. Fred Raines, the leading scientists in the neutrino Project won the Nobel Prize in physics for this work. Neutrino detectors were later used in the construction of the whole body counters which are used as radioactive tracers in medical diagnostics, though are apparently of little use in airport screenings.

The Center for human genome was established at Los Alamos in 1988 to locate and understand the chemical structures of human genetic sequence or genome. In one of the first discoveries made by a detector was that of the human telomere the DNA sequence an important but previously little understood chemical reaction that tells our molecular replimos was home to thousands of employcation machins only mailing address was a post office ery where to exico). The ability to conceal the objecstop and start more than marginally problematic, especells. In 1993 s Alamos included a number of famous a landmark t contributed not a little, to a rather surevent occurred w Mexico today possessed of the worldâ&#x20AC;&#x2122;s when chromostate is called home by the highest per some 16 was PhDs in the country. mapped. Chromosome 16 is the largest human chromosome to be mapped in detail and stands an important milestone in the understanding of the sequence contained within the entire human genome.

The laboratory is one of the largest science and best funded technological institutions in the world, and as we have seen, is dedicated to multidisciplinary research in fields relating to; national security, cosmology, renewable energy, medicine, and nanotechnology. Work on and with supercomputers will no doubt continue for the foreseeable future, as scientists use integrated data links, ever-increasing processor speeds and tera-

byte scale data sets to expand the scope and reach of work done at the laboratory. Ever more sophisticated computers will also inevitably yield more accurate and sophisticated models of large-scale structures including important environmental anomalies such as climate change and ocean current modeling.

The national laboratory at Los Alamos remains the premier scientific institution and largest employer in northern New Mexico with approximately 12,500 full-time workers plus approximately 3,300 contractor personnel. Additionally, there are roughly 120 DOE employees stationed at the laboratory to provide federal oversight of Los Alamosâ&#x20AC;&#x2122;s laboratory work and ongoing operations. Approximately one-third of the laboratoryâ&#x20AC;&#x2122;s technical staff members are physicists, one-fourth are engineers, one-sixth are chemists and materials scientists, the remainder work in mathematics and computational science, biology, geoscience, and other disciplines. Professional scientists and students also come to Los Alamos are part-time basis as visitors, or to participate in collaborative scientific projects. The staff is encouraged to work with universities and industry in both basic and applied research projects whose objectives include the development of high-efficiency sustainable energy resources for the future. The annual budget is approximately $2.2 billion.

The US military in New Mexico

ssociation with state-funded military institutions scope and efficiency of healthcare, greenhouse gas seextends to the dawn of New Mexico’s recorded questration protocols, and electrical transmission and history its first documented military campaign. storage. Francisco Coronado, attacked Zuni There has been a growPueblo in 1540, a ing expression of conharbinger to future cern within the Pentagon manifestations of about the extent to which Spanish hegemony the protection of global in the US Southnatural resources and ecowest. New Mexico’s systems have significant Spanish colonial implications within the period was punccontext of national securituated throughout ty. This fact in conjunction by the use of miliwith the military implicatary force, and a fotions of ongoing geopocus on frequently litical mandates for the shortsighted expeprotection of free trade, diency. This episodespecially as they apply to ic use of marshall global energy resources, force modulated (one quarter of which is Kirtland Air Force Base through over the course presently consumed by the of both Mexican and American United States), has been an sovereignty to the point at which, in the 21st century, important cause for additional interest in, and resource New Mexico’s military bases and research laboratories appropriation for energy technologies, including hydrohave the capacity to serve shortsighted political gain as gen fuel cell production and related systems. well as farsighted benevolent purposes, including the development of systems which promote comprehensive Work is also being done to improve the safety and efenvironmental research and new forms of energy devel- ficiency of long-standing coal-fired and nuclear power opment and conservation. plants, a component of which includes monitoring techniques, designed to measure minute internal fluctuations The national laboratories at Los Alamos, established in which may one day prevent environmental catastrophe the first half of the 20th century, achieved its intended and loss of life. purpose. The laboratory which was conceived and built in order to produce the most powerful weapon the world Research at New Mexico’s national laboratories may also has known, did precisely that. More than a half-century lead to cost-effective, comprehensive carbon sequestralater, this selfsame laboratory now funnels a portion of tion, a means of filtering carcinogenic emissions, through their significant public and private resources into the de- the use of electrochemical separation which removes velopment of ancillary components of nuclear weaponry, carbon dioxide from air and water. This technique would including detonation detectors, an important component then effectively mirror and augment that which trees and in the effort to monitor and control nuclear proliferation oceans do for us naturally. - stealth airplane technology, and infrasonic sensors necessary to detect both missiles and meteors. Still involved at the highest level in national security, the scope of operations at both of New Mexico’s national laboratories, Los Alamos and Sandia, have broadened significantly. Working in conjunction with the Department of Energy, the national laboratories are designing more efficient power plants, developing new applications for nanotechnology, and designing systems to advance the

ANSWER: GERMAN ENIGMA WAS A CODING SYSTEM WHICH WAS CONTAINED IN A MACHINE FOUND A SUBMARINE CAPTURED BY THE BRITISH WHICH ALLOWED ALLIED POWERS TO INTERCEPT AND INTERPRETED GERMAN MESSAGES THROUGHOUT THE COURSE WORLD WAR II, A FACT WHICH CONTRIBUTED TO ALLIED VICTORIES THROUGHOUT THE WAR. 3. SOME OF THE UNDERLYING REASONS WHICH CONTRIBUTED TO THE PARTICULAR EFFECTIVENESS OF THE NAVAJO LANGUAGE WHEN USED IN THE CREATION OF THE CODE USED TO ENCRYPT MILITARY MESSAGES. ANSWER: THE SUCCESS OF THE NAVAJO LANGUAGE STEMMED FUNDAMENTALLY FROM THE FACT THAT THE LANGUAGE REMAINED UNWRITTEN THROUGHOUT THE COURSE OF ITS EVOLUTION AND BECAUSE OF THE PHYSICAL ISOLATION EXPERIENCED BY NAVAJO PEOPLE. THE CONSEQUENCE OF WHICH WAS THAT VERY FEW NON-NAVAJOS HAD FAMILIARITY WITH THE LANGUAGE. 4. HOW MANY NAVAJO CODE TALKERS WERE INITIALLY RECRUITED BY THE MARINE CORPS? ANSWER: 200 5. COMPARE THE REACTION OF ADMINISTRATORS IN THE GOVERNMENT BOARDING SCHOOLS TOWARD NAVAJO CHILDREN WHO CONTINUE TO SPEAK THE NAVAJO LANGUAGE WHILE AT SCHOOL WITH THE PREVAILING VIEW IN THE MARINE CORPS DURING WORLD WAR II? ANSWER: IN AN ATTEMPT TO ASSIMILATE NAVAJO CULTURE, THE US GOVERNMENT ESTABLISHED MANDATORY BOARDING SCHOOLS FOR NAVAJO CHILDREN IN WHICH THE NAVAJO LANGUAGE WAS FORBIDDEN. DURING WORLD WAR II THE DINE’ LANGUAGE EVOLVED TO BECOME THE BASIS FOR A MARINE CODE WHICH WAS INSTRUMENTAL IN MANY US VICTORIES THROUGHOUT THE WAR. 6. THERE WERE MANY DANGERS ASSOCIATED WITH BEING A COMBAT MARINE IN WORLD WAR II. THIS WAS ESPECIALLY TRUE FOR NAVAJO CODE TALKERS. ASSESS THE VALUE OF NAVAJO CODE TALKERS BY DESCRIBING STEPS TAKEN BY ONE COMMANDER TO ENSURE THE SAFETY OF A NAVAJO CODE TALKER. ANSWER: HE WAS ASSIGNED A BODYGUARD. 7. DESCRIBE THE OFFICIAL FUNCTION OF THE UNIVERSITY OF CALIFORNIA RELATIVE TO THE MANHATTAN PROJECT. IN WHAT WAY WAS THIS UTILITARIAN, AND TO WHAT EXTENT WAS IT SUBVERTED. SUMMARIZE THE ADVANTAGE OF BOTH. ANSWER: THE UNIVERSITY OF CALIFORNIA WAS OSTENSIBLY PLACED IN CHARGE OF RESEARCH AND DEVELOPMENT AT THE LABORATORY IN LOS ALAMOS. NEVERTHELESS THE TRUE OBJECTIVE OF THE RESEARCH WAS UNKNOWN TO ALL BUT ONE MEMBER OF THE ADMINISTRATION. THIS HAD THE OVERARCHING EFFECT OF MINIMIZING THE POTENTIAL FOR A BREACH IN SECURITY.

8. NAME THE LABORATORY ESTABLISHED IN 1952 TO BE A COMPETITOR TO LOS ALAMOS. ANSWER: LAWRENCE LIVERMORE NATIONAL LABORATORY

1. DESCRIBE SOME OF THE CHANGES IN THE NAVAJO LANGUAGE WHICH WERE NECESSARY IN ORDER TO CREATE THE CODE THAT WAS USED DURING WORLD WAR II.

ANSWER: ADDITIONAL WORDS WERE CREATED, AND EXISTING WORDS WERE ASSOCIATED WITH MILITARY EQUIPMENT. DIALECT WAS MODULATED SUCH THAT IT COULD BE MORE EASILY UNDERSTOOD OVER THE LIMITED FREQUENCY RANGE OF RADIO TECHNOLOGY AT THE TIME. 2. WHAT WERE SOME OF THE ADDITIONAL DANGERS ASSUMED BY THE CODE TALKERS? ANSWER: ENEMY COMBATANTS WERE CAPABLE OF TRACKING RADIO SIGNALS SUCH THAT A POSITION COULD BE DETERMINED AND ATTACKED, THEREBY IMPERILING RADIOMAN. IT IS ALSO THE CASE THAT SOME NAVAJO CODE TALKERS WERE MISTAKEN FOR JAPANESE SOLDIERS AND ARRESTED. 3. AT THE BEGINNING OF WORLD WAR II, AFTER THE US WAS ATTACKED AT PEARL HARBOR IN 1941 THE US GOVERNMENT, ABORTING CONSTITUTIONALLY GUARANTEED PROTECTIONS, SUSPENDED HABEAS CORPUS AND IMPRISONED JAPANESE-AMERICAN CITIZENS, WITHOUT TRIAL OR CHARGES. ANALYZE THE LEGAL PRECEDENT FOR THESE ACTIONS. WERE THEY IN YOUR VIEW JUSTIFIED? ANSWER: ANDREW JACKSON IMPOSED MARTIAL LAW DURING THE BRITISH AMERICAN CONFLICT AT THE BATTLE OF NEW ORLEANS, ABRAHAM LINCOLN ALSO SUSPENDED HABEAS CORPUS DURING THE CIVIL WAR. HOWEVER IN NEITHER CASE WERE THE SUSPENSION OF CIVIL RIGHTS DIRECTED AT A RACIAL MINORITY. 4. CONTRAST THE ATTACK ON PEARL HARBOR WITH THE TERRORIST ATTACK ON THE TRADE CENTER IN NEW YORK ON 9/11. ANSWER: ANSWERS WILL VARY, BUT IT IS WORTH NOTING THAT A SIGNIFICANT DISTINCTION BETWEEN THE TWO IS THE FACT THAT THE ATTACK ON PEARL HARBOR WAS PERPETRATED BY A SOVEREIGN COUNTRY, WHILE THE ATTACK ON THE TRADE CENTER WELL INTERNATIONALLY WITHIN THE CONTEXT A CRIMINAL ACT. A SIMILARITY WHICH MAY BE ADDITIONALLY CONSIDERED RELATE TO THE REACTIONS OF BOTH POPULAR SENTIMENT AND GOVERNMENTAL INITIATIVES, WHICH IN THE CASE OF PEARL HARBOR RESULTED IN THE VILIFICATION OF JAPANESE-AMERICANS, AND MUSLIMS, IN THE CASE OF THE WORLD TRADE CENTER. 5. CONSIDER THE JUSTIFICATION OF A SUSPENSION OF CIVIL RIGHTS VIS-À-VIS TERRORISTS. ANSWER: ANSWERS MAY VARY, IT MAY BE THAT A VALID PERSPECTIVE TO PRESUPPOSE AN EXEMPTION OF CIVIL RIGHTS FOR PROVEN TERRORISTS, BUT IT IS ALSO IMPORTANT TO NOTE THE THE PREROGATIVE OF OUR SYSTEM OF JUSTICE AND CONSTITUTIONALLY MANDATED RESPONSIBILITY TO DETERMINE WHO IS AND WHO IS NOT A TERRORIST. 6. THE NEW MEXICO NATIONAL GUARD HAS SERVED THREE SOVEREIGN NATIONS IN THE COURSE OF ITS HISTORY, WHAT WERE THEY? ANSWER: SPAIN, MEXICO, AND THE UNITED STATES. 7. IN WHAT YEAR WAS THE FIRST ITERATION OF THE NEW MEXICO MILITIA ESTABLISHED? ANSWER 1598

8. SUMMARIZE SOME OF THE CHANGES WHICH THE NEW MEXICO NATIONAL GUARD HAS UNDERGONE IN THE COURSE OF ITS 400 YEAR HISTORY. ANSWER: ANSWERS WILL VARY, BUT BRIEFLY; THE NATIONAL GUARD WAS INSTITUTED IN 1598, EVOLVED FROM PURELY CIVILIAN ENTITY TO ONE WHICH IN 1846 TOOK ON DUTIES SUPPORTIVE OF THE US ARMY FORCES. AS SUCH ASSISTED IN THE DEFEAT OF THE CONFEDERACY DURING THE CIVIL WAR, MEMBERS WERE SELECTED BY TEDDY ROOSEVELT AND SERVED IN 1898 IN CUBA, SENT TO PROTECT THE MEXICAN BORDER AFTER PANCHO VILLA’S RAID IN 1916, ACTIVE-DUTY IN WORLD WAR I, MEMBERS ENDURED BATAAN DEATH MARCH DURING WORLD WAR II. 9. IDENTIFY CATALYST FOR THE CREATION AND EXPANSION OF THE MANHATTAN PROJECT AT THE BEGINNING OF WORLD WAR 11. ANSWER: PRES. ROOSEVELT WAS MADE AWARE OF THE POTENTIAL DANGER OF GERMAN ACQUISITION OF THE ATOMIC BOMB THROUGH A LETTER SENT TO HIM BY ALBERT EINSTEIN. IT WAS THIS RACE AGAINST GERMAN PHYSICISTS WHICH WAS THE CATALYST FOR THE EXPANSION OF THE MANHATTAN PROJECT. 10. RESEARCH ON THE MANHATTAN PROJECT WAS THE RESULT OF A COLLABORATIVE EFFORT ON THE PART OF WHICH THREE COUNTRIES? ANSWER: THE UNITED STATES, CANADA AND THE UNITED KINGDOM. 11. WHERE WERE THE THREE PRIMARY RESEARCH AND PRODUCTION FACILITIES IN THE UNITED STATES? ANSWER: WASHINGTON STATE, OAK RIDGE TENNESSEE, AND LOS ALAMOS NEW MEXICO. 12. SUMMARIZED THE ACHIEVEMENTS OF THE MANHATTAN PROJECT.. ANSWER: SCIENTIST WORKING ON THE MANHATTAN PROJECT ACHIEVE THEIR GOAL IN THE DEVELOPMENT OF A NUCLEAR DEVICE, WITH THAT ACHIEVEMENT CAME THE INITIAL PRODUCTION OF THREE BOMBS, ONE OF WHICH WAS DETONATED AT THE TRINITY SITE IN NEW MEXICO, THE OTHER TWO WERE DETONATED OVER HIROSHIMA AND NAGASAKI JAPAN. 13. COMPARE THE RATIONALE FOR THE USE OF NUCLEAR WEAPONS AGAINST JAPAN WITH HUMANITARIAN ARGUMENTS AGAINST THE USE. ANSWER: THE PRIMARY RATIONALE FOR THE USE OF THE TWO NUCLEAR DEVICES IN JAPAN STEMMED FUNDAMENTALLY FROM A DESIRE TO END WORLD WAR II WITHOUT THE NEED TO LAUNCH A GROUND INVASION OF JAPAN. THE ARGUMENTS AGAINST THE USE OF THE NUCLEAR DEVICES ON ANY CIVILIAN POPULATION IS SELF-EVIDENT. 14. DESCRIBE THE EVOLUTION OF THE WORK DONE AT LOS ALAMOS OVER THE LAST 50 YEARS.. ANSWER: THE NATIONAL LABORATORIES AT LOS ALAMOS HAVE EVOLVED OVER THE LAST HALF-CENTURY FROM A FACILITY DEDICATED TO THE RESEARCH AND CONSTRUCTION OF NUCLEAR DEVICES TO A LABORATORY WITH A BROAD RANGE OF INITIATIVES INCLUDING RESEARCH IN THE FIELDS OF; NANOTECHNOLOGY, CLIMATOLOGY, RENEWABLE ENERGY, AND MEDICINE.

lood of

ater in New Mexico runs underground, over ground, down the sides of mountains, through rivers, to aquifers and eventually to you. But here as is the case in Arizona, Colorado, Utah; in fact all Western states, so little water is available for allocation that a good deal of attention and legislation is and has been given to ways of dealing with its location, possession, movement and use, such that it is said

â&#x20AC;&#x153;Lâ&#x20AC;&#x2122;agua es la sa

in the Southwest, water runs uphill towards money. True or not, it is inarguable that legal ownership of water in New Mexico is big business, and of vital importance to commercial growers, business owners, cities towns and you. Therefore, as a citizen of this illustrious de-watered state it would be a good idea for you to know how allocations and assessments are made and who makes them. They are decisions that will have a profound effect on all New Mexicans for as long as we all shall drink.

ow important is water in New Mexico? Does water use need to be regulated in New Mexico?

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What are some of the important considerations when regulating natural resources? Who has the power to determine water rights? Are current water laws and equitable in their distribution of water rights?

Who makes this determination?

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ew Mexico today retains its position as the third least populous state in the union, enjoying an average accumulation of just 15 people per square mile, (based upon the 2010 federal census) or taken together, a total of 2,009,671 people call New Mexico home.

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While this represents a substantial increase (10.5%) over and above the 2000 census, it remains a fact that New Mexicoâ&#x20AC;&#x2122;s population is less than 1/5 that of New York City. A fact which would, at first glance, suggest significant room for growth for state comprised of the fifth largest land mass of any state in the country. There is however, an errant fly in this presumptive ointment. Anthropologists are unambiguously clear about the direct and unbreakable link between population densities and natural resources. In other words, increase available water supplies, and you will also have the potential for growth in population to land ratios. Issues related to the availability of water can also offer a most reliable explanation for the corollary between settlement patterns and location, a corollary which has both contemporary and historic implications. The archaeological evidence is as comprehensive as it is compelling, cycles of drought corrolate with PaleoIndian tribes migration to higher elevations, and greater precipitation. Cycles

of cool wet years, are associated with migrations to lower elevations, and longer growing seasons. Alluvial floodplains and paralleling surface channels of the San Juan, Rio Grande, and Pecos Rivers, have however been consistent key population centers in New Mexico for more than 12,000 years, further supporting the predicate of a reliable water supply for population growth.

It is this inextricable link between water and life that makes this limited resource so important to New Mexico, and so worthy of our consideration here..

There have been in the past, isolated pockets of moderate population densities which were not directly tied to environmental conditions. Settlements established near transportation routes have in fact developed population concentrations that were sustained by the importation of potable water. This was particularly the case in the late 19th and early 20th centuries when railroad service and maintenance were a ubiquitous presence. However we can also clearly see the consequence of the elimination of the artificial support systems, many of these communities floundered and ceased to exist entirely.

arly water use in New Mexico

The Ancestral Pueblo were farmers who invested an enormous amount

of time, energy, and resources in the construction of an expansive network of water harvesting and conservation systems that were, for their time as innovative as they were ingenious. The conservative initiatives alone, born of necessity in the hot and arid lands of the central Rio Grande Valley and high Colorado Plateau resulted in an emergence of engineering techniques that included sophisticated water delivery systems, including the installation of gravel lined mulched fields, complexes of rock-bordered water retention grids, cobble-step terraces on high mesas. Stone-lined ditches used to channel water from one depression to another, and the strategic placement of rock alignments for use as check dams within designated planting areas of an irrigated floodplain. According to letters dating from the time of Coronado’s arrival in the Southwest, Spaniards were surprised to find these remarkable agricultural systems already in place, and in some cases already centuries-old.

Unlike the Ancestral Puebloans and the Pueblo farmers, the Spanish-Mexican farmers did not limit their settlements to areas dependent on captured runoff and consistent rainfall. Spanish colonization and the establishment of ranchos and land grant settlements required the use of much larger tracts of land requiring the colonists to engineer diversions and water delivery systems from the Rio Grande, Rio Chama, Rio Pecos that were capable of carrying far greater quantities of water and had been the case throughout Mexico’s prehistoric past. These systems came to be known as acequias (the derivation of an Arabic word meaning community ditch).

If a ditch had been established by the Pueblos and subsequently abandoned, the Spanish colonists had the right to reopened it and utilize it. However Spanish law prohibited encroachment on Indian ditches that were still in use. Although there was a history of encroachment, Spanish farmers and ranchers for the most part sought locations that did not interfere with existing Pueblo systems.

These new irrigation systems were in some ways more sophisticated than the earlier Pueblo designs, and are seen today as engineering projects that required not only a set of specialized skills but complex mathematical calculations as well.

Using wooden hand tools the New Mexican parciante (a member of the acequia association) would dig ditches and laterals off both banks of the river from the diversion dam using gravity to direct the water to fields and pastures. Without the benefit of modern surveying equipment, early settlers continued to use gravity to create a water flow that followed the natural landscape often appearing to run upstream. With wooden spades, crowbars, hoes, plows, and trenchers pulled by mules or oxen, they constructed an earthen presa or dam that pushed the water into the acequia madre (the “mother ditch,” or main irrigation canal that ran through the community). Compuertas (head gates) controlled the flow of water to the mother ditch, and a desague (a small outlet drain) helped clean debris from the main ditch and put water back into the main channel or stream flow. Sangrias, or lateral ditches, to irrigate individual parcels were also built throughout the system, connecting ditches with canoas (a log that carries acequia water across an arroyo), and canyons to create an intricate and efficient irrigation system within the community. These remarkable earthen matrices defined the spatial boundaries of each settlement and provided life‑giving water to a thirsty world. In populated areas such as Santa Fe, Albuquerque, and Las Cruces the management of water resources was administered by cabildos or town councils. In more isolated areas such as the Pojoaque valley, water was administered according to local custom under the general direction of the Leyes de las Indias (Law of the Indies) which governed all of the provinces in northern New Spain.

Ultimately, this system of irrigation and sustainable agriculture created an environment, fed by life-giving water, that formed the basis for a culture that informed every aspect of their world, the economy, politics, art and tradition which we cherish today as uniquely our own.

HE Acequia Culture in New Mexico

Today, each acequia system that has four or more

parciantes (water-rights owners), must have bylaws, a three member elected commission and a mayordomo who is usually elected by the parciantes. These regulations are outlined in the New Mexico State Statutes. The single distinguishing factor that makes acequias more democratic than other existing institutions is the tradition that insists upon equitable distribution. This tradition is called equidad (equality) and comes from the Qur’an. Under Muslim law and probably because the Nuevo Mexicano acequia system evolved under desertlike conditions similar to those found in northern Africa, tradition dictates that people must never deny water to another living being. In Nuevo Mexico to share water with other living entities, which includes animals and plants, is considered a limosna piadosa or a pious charity. Another strong belief from acequia culture that has survived for centuries is that water cannot be separated from the land. This concept is best illustrated in the Nuevo Mexicano saying, “L’agua es la sangre de la tierra” (Water is the blood of the land). Traditionally, water was always shared based on the ownership of the amount of land owned by the parciante. From this belief came the concept of peones (a laborer). A peon can be divided in quarters. In most cases, a quarter peon had one acre of land to irrigate and it was divided based on the twenty-four hour day. A quarter would be six hours, but if the water had to be distributed equally and fairly during dry seasons and had to be shared (repartimiento) six hours might turn into fifteen minutes of irrigation time. This sharing also depended on the number of parciantes in the acequia system, but it was always based on the amount of land irrigated by the acequia.

Other traditional factors make acequia culture uniquely democratic. The first is applied to the sharing of food, or el convite (from the Latin convivium). Acequia culture promoted food democracy. When times were hard and the harvest was not plentiful, families who had an abundance of food would prepare a meal and share it with others in the community. The extreme of the convite philosophy was the gueso guisandero. This expression, born of dire circumstance means literally that in times of scarce resources, a bone will be shared. The bone, both real and figurative, was passed from house to house to give food the taste of meat or gravy when none was otherwise available. Shared labor was also a strong tradition in acequia culture. Because an acequia system is fundamentally a worker owned co-op, cooperation was explicit.

It is the job of the mayordomo to implement this shared labor force within the acequia organization. In the acequia culture of northern New Mexico water does not belong to any one person or a single institution, but must be shared equally. Water is divided first by the amount of water in the river, then according to the amount of land each acequia irrigates, and finally it is based on the number of water users in each acequia system.

Just as the water is shared, so is the labor. This democracy of labor may be seen in full effect during the annual spring cleaning, following a flood when the acequia needs repair to get the water flowing again, and especially during planting and harvest when a neighbor needs help. The three words that define acequia democracy are repartimiento, convite, and cooperacion. To the extent that any of these elements are missing or diminished, people and democracy suffers.

ater

y the time New Mexico had become a US territory in 1850 difficult questions regarding land grants and property rights also began tentatively to address the inevitable issue of water rights. Some issues were resolved in the last half of the 19th century through the implementation of large-scale irrigation projects and the construction of dams. In the 20th century, availability of electricity and the technology necessary to pump water from aquifers also lessened demands put on New Mexicoâ&#x20AC;&#x2122;s diminutive tricklings of surface water. but these solutions created their own problems, apportionment issues relative to the irrigation projects and to be constantly revised, while dams and forms of river diversion present at their own ecological issues. But it was perhaps the unmitigated exploitation of groundwater that poseed the most irremediable list of issues, including salinization, agricultural use and recharge through soil contaminated by fertilizer and pesticides, and unsustainable draw down. As you can see many of the questions answered in the late 19th and early 20th centuries have posed additional, and frequently more

complex questions of their own, many of which we struggle to answer today.

By 1851 New Mexicoâ&#x20AC;&#x2122;s territorial legislature established water laws which were based on the venerated and long-standing Indian/Spanish concept of control and community ownership. Existing water rights were largely communitybased and protected by the territorial legislature for half a century, until 1907. It was in this year that the Legislature revised all pre-existing water law and the territory, and passed its first set of comprehensive surface water laws. Laws which were based upon the concept of prior appropriation.

allocation

hat was true for the Paleo Indians, the ancestral Pueblo, Navajo, Apache, Spanish, French, English, German, French and American settlers is especially true today. Efficient water management is crucial to survival in New Mexico.

On average, New Mexico receives only 12 inches of precipitation per year, making it the third most arid state in the nation. Location, latitude and topography, elevation, are the fundamental irremediable determinants of this condition, meaning that none will likely to change in the foreseeable future.

During years of average rainfall the state of New Mexico receives about 87.7 million acre feet of precipitation, and while it may perhaps seem like a tremendous amount of water, consider that what the clouds giveth the sun taketh away -- 97% of this prodigious sum evaporates back into the atmosphere to be conferred on another worthy state. Additionally, water which is allowed to flow out of the state in order to satisfy interstate and international treaties combine with other losses to result in a net gain of approximately 1.2 million acre feet.

1.2 million acre feet divided evenly in a state with 2 million people should mean that each person would receive approximately Â˝ acre foot of water for per year. Based on the calculation of 325,851 gallons per acre foot, each of us should be able to use 162,925.5 gallons each year. Unfortunately there are two very significant obstacles that preclude such an equitable apportionment. The first is of course that not all rainwater is available for human use, some is absorbed by plants and some is simply unrecoverable after it percolates into the soil. Then there are the prior human human appropriations, the most significant of which is the 75% of surface water in New Mexico which is set aside for agricultural purposes. For these and other less than encouraging reasons, the fact that New Mexico has an underground water supply estimated at some 20 billion acre-feet should come as a relief.

But before we breathe too easily it should also be noted that the majority of this massive sum is salinated and an additional percentage is, for reasons related to additional recovery and contamination issues is not in the near term destined foroh my goodness human use.

Surface water in New Mexico that is not captured as groundwater, trains from the surface, and collects in the form of rivers, lakes and streams. Water that flows through these pathways, winds up eventually in one of two oceans. Runoff to the west of the Continental divide reunites with the Pacific Ocean while water accumulating to the east of the divide becomes part of the Atlantic Ocean.

But before water is permitted to proceed to its natural oceanic re-unification, it is apportioned. This means that the resource is divided among people, plants, businesses, cities, states, and even nations, based contractual obligation and a long-standing rule of law known as prior appropriation. In arid New Mexico, it should come as no surprise, all surface water fully appropriated, has been for a long time.

That being the case, one may reasonably ask, what will thirsty people who have no water rights do?

If you not allowed to use water from one of New Mexicoâ&#x20AC;&#x2122;s few lakes, and you canâ&#x20AC;&#x2122;t draw water from a fully apportioned river, and even streams are verboten, then you have depressingly few options. You can hold onto your hat when it rains, or you can dig a well. But before you grab a shovel, there is something more you should know...

Water rights

ecause water is so slippery, and moves so easily from one personâ&#x20AC;&#x2122;s property to another, from one county to another, from one state to another and even from one country to another there are a set of laws which relate to the acquisition, use and retention of this liquid gold.

Water rights in the United States are determined by a set of laws that vary state to state and region by region. These variations come to us as a result of both historical and geographic concerns, encompassing a broad array of subjects and categories. In the case of civil law, issues relating to water rights are frequently resolved through an established set of judicial rulings used to provide a framework necessary for the peaceful resolution of disputes and establishment of a cogent policy relating to contemporary water rights.

Among the categories related to water rights are:

1 public waters; including watercourses, lakes, and under modern law, wetlands.

2 Other surface waters, these are generally waters that flow across land from rain, floodwaters and snow melt they reach a watercourse lake or wetland.

3 Groundwater; this category includes but is not limited to bolsoms and aquifers.

4 Public regulation of waters, including flood control, environmental regulationâ&#x20AC;&#x201D;state and federal, public health regulation and regulation of fisheries

Related to all of the above is interplay of public and private rights in water, which draws on aspects of eminent domain law and the federal commerce clause powers The United States inherited the British common law system which develops legal principles through judicial decisions made in the context of disputes between parties. Statutory and constitutional law forms the framework within which these disputes are resolved, but decisional law which evolves through the resolution of specific disputes provides perhaps the greatest basis for contemporary water law.

These disputes come about for a number of reasons. When the federal, state or local government takes private property that has water rights associated with private ownership, the value of that property is significantly affected by those rights, value which must be reflected in the price paid for the property. Land paralleling public waters is frequently the subject of legal disputes due to the potential for damage to community waterways and the potential impact on commerce, the environment, and property rights. The prosecution and resolution of this type of case represents a primary source of the law defining the limits of private versus community water rights.

Decisional law

ometimes water law is established as a result of disputes among private parties seeking a resolution to claims, and/ or clarification of the extent of respective water rights.

For example, a landowner upstream seeks to cut off the flow of surface water downstream, and appropriate it for exclusive use. The downstream owners may file a counter claim stipulating that the upstream landowner has appropriated water that is not his. Conversely, a downstream owner may seek petition the court in order to stop the flow of excess water that has, or he fears will cause damage to his property. A remedy of this nature may seem onerous to the upstream property owner, potentially resulting in flood damage to his property. In each case, opposing parties claim that the otherâ&#x20AC;&#x2122;s conduct interferes with rights associated with their respective property.

A third context for decisional water law considers the impact of publicly held waterways on private property. In a case of this nature, the owner of the private property typically claims personal damage based upon public action or inaction, and the court must decide the nature an extent of the respective rights of public and private parties in the process of arriving at a binding determination. In any case the decision of the court impacts future decisions, and may in fact be the basis for further refinement of water law.

New Mexico Water Under the terms of prior appropriation, allocations are further divided into designations of primary and predicate authority known as senior (primary) and junior (predicate) water rights. This is to say that under current New Mexico law, senior water rights holders have the right to be fully satisfied in their allocation before those holding subordinate, or junior water rights are legally entitled to receive an allocation.

There are however, constraints on water use in New Mexico which take precedence over those of private senior and junior right holders. These limitations relate to interstate compacts, or contracts to which New Mexico is a signatory. While the U.S. Constitution forbids alliances and treaties between states it does allow interstate water rights agreements provided that they are approved by the U.S. Congress.

State compacts take precedence over state laws and constitutions and are generally preferable to judicial procedures in resolving interstate water conflicts, because the terms of agreements reached through compromise are frequently seen as more reasonably and equitably rendered then those handed down by judicial mandate.

Federal Reserve Water Rights The issue of federal reserve water rights is especially important in states like New Mexico, where the federal government owns 46% of the land. This means that much of the stateâ&#x20AC;&#x2122;s water originates in or flows through national forests and parks. This can complicate the perception of equitable allocation of water rights due to questions relating to the amount of water claimed by the federal government to satisfy the sometimes nebulous and varying needs of state forests or parks.

profound influence on overall water allocation throughout the state of New Mexico. In addition, the fact that nearly 10% of the stateâ&#x20AC;&#x2122;s area is dedicated to Indian reservations has implications that relate to federal land holdings. A ruling by the Supreme Court recognizes Native American claims to water rights on federal lands whose drainage was deemed essential to the fundamental needs of people living on reservations. There are at present multiple lawsuits between tribal governments and the state of New Mexico, which relate to this decision, one of which involves four Pueblo reservations located along the Rio Grande. New Mexico is also a participant in negotiations with the Navajo over proportional allocation of San Juan River water rights.

Interstate Groundwater Transfer This is a particularly difficult issue, and one which has once again been the subject of multiple lawsuits, particularly between states of Texas and New Mexico. Proprietary river water is of great value for a number of reasons, the most obvious of which is the necessary apportionment for use in agriculture, cities and towns, commerce, and ultimately the recharge of aquifers which are regularly exploited to serve the ongoing needs of communities in both states. But questions which relate to the transfer of groundwater across state lines is equally complex, involving balsams which underlie multiple states, and wells which if drilled at an angle have the capacity to exploit groundwater to which there may be questionable rights.

Under current New Mexico law state engineer is required to consider six factors prior to making a determination about whether to permit the withdrawal of water from service or allow groundwater resources in New Mexico to be transported outside the state.

1. The supply of water available to the state of New Mexico

Native American Water Rights The Treaty of Guadalupe Hidalgo which ended the MexicanAmerican war and established the terms of peace between the United States and Mexico also set terms for dealing with the rights of people who decided to remain in New Mexico after the war and become US citizens. Among those most affected were the Pueblo Indians who were precluded from establishing any additional Pueblos after 1848. This had the effect of making even the most junior Pueblo water right is senior to almost all others.

Needless to say, this means that Indian water rights have a

2. Water demands in the state of New Mexico 3. Whether there are water shortages within the state of New Mexico 4. Whether the water that is the subject of the application could be transported feasibly to alleviate the water shortages in the state of New Mexico 5. The supply and sources of water available to the applicants in the state where the application intends to use the water 6. Demands placed on the applicants supply in the state where the applicant intends to use the water.

So far this new law has withstood all legal challenges.

water rights: the riparian doctrine, and the doctrine of prior appropriation

The Riparian Doctrine

he component of the U.S. Constitution which deals with water rights was largely borrowed from English common law, the basis for which is Riparian Doctrine, gives the landowner automatic rights to water from a watercourse on or contiguous to his property. This principle establishes broad legal right to land holders which may fall in diametric opposition to the rights of other landowners and the population in general. Notwithstanding the advantages of the Riparian Doctrine to landowners in eastern states, where issues relating to water rights have less to do with deficiency, the principle has been repeatedly rejected in the arid Western states including New Mexico, which abandoned the Riparian Doctrine in territorial court in 1891 and again in the New Mexico Supreme Court in 1945 .

Doctrine of Prior Appropriation New Mexico has established in place of the Riparian Doctrine, the Doctrine of Prior Appropriation as the constitutional means for the allocation of water rights throughout the state, meaning that the first-person to take the water and put the beneficial use is entitled in perpetuity to the right of that water. Under the terms of prior appropriation, a person who takes water and puts its beneficial use is an appropriator, and the taking of water constitutes an appropriation, which includes a priority date. The priority date establishes senior rights as against others who subsequently access

the same pool or stream. This priority establishes the legal right of the appropriator to receive his full allocation before those with junior, or newer, water rights. The Doctrine of Prior Appropriation AKA - The Law of I Got It First. While there are of course advantages to the doctrine of prior appropriation there are substantial downsides as well. Prominent among these is the fact that in New Mexico, as in most Western states, initial commercial development appeared in the form of agriculture and mineral exploitation. Because first in time for most Western states means farming and mining, to this day (despite the fact that less than 2% of New Mexicans work in either industry), 75% of surface water allocation belongs to these industries.

Beneficial Use: The second stipulation under the doctrine of prior appropriation says that in order to secure a right to water it must be put to “beneficial” or “reasonable” use on that appurtenant land. The terms beneficial, and reasonable, as they have been defined and exclude water left in a river in order to ensure the survival of ecosystems. In recent years, people have succeeded in gaining recognition of “instream” beneficial uses of water and a new perspective on water rights is beginning to emerge that preserves flows in rivers. However this review process is emerging only after many rivers and streams in the West have been dammed and dried up by diversions of flows for previously established beneficial uses. To fully appreciate why this happened, consider that fish in these streams have only recently been able to retain the services of lawyers through a coalition of environmental and conservation organizations.

The last U.S. Census indicated that areas of New Mexico are among the fastest-growing in the nation, with Albuquerque high on the list as the sixth fastest growing city in

the United States. The combination of New Mexico’s arid climate and mountainous topography had for centuries limited population growth, today these are favored conditions which attract people and businesses in ever-growing numbers to the Land of Enchantment. We have thus far been able to sustain this level of growth, based on our ability to exploit our aquifers. However these are known to be finite resources which are not, by virtue of our limited rainfall, recharged and sustainable as our population grows. For this reason we are especially fortunate to have

Drought in the 1950’s

Drought 1987-1989

Fueled by post-war economic stability and technological advancement, the 1950s represented a time of growth and prosperity for many Americans. While much of the country celebrated this time of economic stability, many residents of the Great Plains and southwestern United States continued to suffer economic privation. In the 1950s, the Great Plains and the southwestern U.S. withstood a severe five-year drought During three of those years, drought conditions stretched across the continent. The drought was first felt in the southwestern U.S. in 1950 and spread to Oklahoma, Kansas and New Mexico by 1953. By 1954, the drought covered a ten-state area reaching from the mid-west to the Great Plains.

The three-year drought of the late 1980s (1987-1989), one of the most severe in recorded US history, covered only 36% of the United States at its peak. Compared to the Dust Bowl drought, which covered 70% during its worst year, this may not seem particularly significant. However, the 1980s drought was not only the costliest in U.S. history, but also the most expensive natural disaster of any kind to affect the U.S. until Hurricane Katrina ravaged New Orleans. Combining the losses in energy, water, ecosystems and agriculture, the total cost of the three-year drought was estimated at $39 billion in 1991 dollars.

A frequently stated water related axiom suggests that there is no water shortage if the price is right. this means that water rights might willingly change hands if the price is sufficient to allow farmers to raise margaritas in Santa Fe rather than cotton in the Mesilla Valley.

The 1950s drought was characterized by both extremely low rainfall and abnormally high temperatures. Rainfall on the Eastern plains of New Mexico decreased regionally as much as 40% between 1949-1951 and by 1953, 75% of the state recorded below normal rainfall amounts. Excessive temperatures; heated up cities in Texas like Dallas where temperatures exceeded 100°F on 52 days in the summer of 1953. Kansas also experienced severe drought conditions during much of the five-year period.

A drought of this magnitude creates severe social and economic repercussions and this was clearly the case in New Mexico’s Eastern Plains region. The drought devastated the region’s agriculture. Crop yields in some areas dropped as much as 50%. Excessive temperatures and low rainfall scorched grasslands typically used for grazing. With grass scarce, hay prices became too costly, forcing some ranchers to feed their cattle a mixture of prickly pear cactus and molasses. By the time the drought subsided in 1957, many counties across the region were declared federal drought disaster areas.

Another Dustbowl? What is the likelihood of another Dust Bowl-scale drought in the future? No one is yet able to predict with absolute certainty multi-year or decadal droughts, but the paleoclimatic record tells us how frequently droughts such as the one which brought about the Dust Bowl in the 1930s occurred in the recent geologic past. It turns out that droughts of this magnitude are indeed rare events, but do occur with some regularity. A prime example is the 20 year drought which brought an end to the civilization at Chaco Canyon in 1275 A.D. what may be said is that we will experience droughts of varying intensity and length, some of which will no doubt be severe. The unanswerable question is how devastating will they be. This can only be answered by the extent of our knowledge of climatological anomalies of the past, their implications for the future, and our ability and willingness to prepare for them.

NEW MEXICO WATER REVIEW QUESTIONS 1. WERE THE INCOMING SPANISH COLONISTS ABLE TO SIMPLY UTILIZE THE PRE-EXISTING ACEQUIA SYSTEMS ESTABLISHED BY THE NATIVE AMERICANS PRIOR TO THEIR ARRIVAL?

ANSWER: IF THE ACEQUIA HAD BEEN ABANDONED THAN WITHIN SPANISH LAW IT WAS PERMISSIBLE TO REOPEN AND IMPROVE IT. IF HOWEVER THE SYSTEM OF IRRIGATION WAS STILL IN USE THEN SPANISH LAW PRECLUDED ITS USE BY GOVERNMENT OFFICIAL OR SUBJECT.

1A. WHAT WAS THE IMPLICATION OF THIS STRUCTURERELATIVE TO FUTURE WATER LAW?

ANSWER: IT FORMS THE BASIS FOR THE CONCEPT OF PRIOR APPROPRIATION.

2. WHAT IS A PRESA? DESCRIBE ITS FUNCTION AND ASSESS ITS VALUE OR IMPORTANCE.

ANSWER: A PRESA WAS A WATER BLOCK OR DAMN THAT WOULD UTILIZE THE FORCE OF GRAVITATIONAL FLOW TO REDIRECT WATER. IF CONSTRUCTED A CERTAIN POINT AND WITH THE APPLICATION OF SUFFICIENT WATER FORCE WATER COULD BE PUSHED AGAINST GRAVITY, UPHILL.

3. WHAT IS A CANOA?

ANSWER: A HOLLOW LOG USED TO CARRY ACEQUIA WATER FROM ONE DITCH TO ANOTHER.

4. WHAT WAS THE ANCILLARY PURPOSE OF A CANOA?

ANSWER: IN ADDITION TO CARRYING WATER FROM ONE PAGE TO ANOTHER, THESE FREQUENTLY ESTABLISHED BOUNDARIES BETWEEN COMMUNITIES AS WELL, CONTRIBUTING TO THE ESTABLISHMENT OF THE CONCEPT OF THE RELATIONSHIP BETWEEN THE DIVISION OF LAND AND WATER

5. WHAT IMPORTANCE DID THE LEYES DE LAS INDIAS HAVE RELATIVE TO THE ACEQUIA SYSTEMS USED BY BOTH THE COLONIAL SPANISH SETTLERS AND THE INDIGENOUS PUEBLO PEOPLE?

ANSWER: SPACE THERE WAS THE LAW WHICH DETERMINES LEGAL RIGHTS AND ADMINISTRATION OF WATER FOR AGRICULTURAL REGIONS.

6. DESCRIBE SOME OF THE CONSERVATION METHODS USED BY AGRICULTURALLY BASED NATIVE AMERICANS TO PROVIDE AN ADEQUATE SUPPLY OF WATER TO THEIR FIELDS.

AMONG THE CONSERVATION METHODS USED BY THE PUEBLO PEOPLE WERE ENGINEERING TECHNIQUES THAT INCLUDED THE USE OF MULCH GRAVEL, AND STONES TO CREATE MESA TOP TOOLS THAT WOULD FEED ONE TO ANOTHER IN STEPS DESCENDING FROM HIGH TO LOW ELEVATION, AND FINALLY STORED FOR FUTURE USE IN A POOL SOMEWHAT ELEVATED ABOVE THE FIELDS. IN THIS WAY WATER WOULD NOT BE ALLOWED TO PERCOLATE, AND WOULD BE MOVED THROUGH GRAVITATIONAL FORCE TO THE AREA THAT IT WOULD BE ULTIMATELY NEEDED.

7. DURING THE SPANISH COLONIAL PERIOD IN NEW MEXICO THE NEED FOR WATER WAS NO LESS THAN IT IS TODAY. THE SYSTEM OF DITCHES AND CANALS THAT SUPPLIED WATER FOR IRRIGATION TO THE AGRICULTURALLY DEPENDENT PUEBLO PEOPLE COULD NOT HAVE BEEN SUPPLIED THROUGH THE USE OF ELECTRIC OR GAS PUMPS AS PERHAPS IT WOULD TODAY. WHAT WAS THE FORCE THAT DELIVERED WATER TO THE IRRIGATION FIELDS, AND WOULD YOU RECOMMEND ITS USE TODAY? HOW WOULD YOU JUSTIFY THE USE OF GASOLINE MOTORS TO DELIVER WATER TO IRRIGATION FIELDS WITH THE AVAILABILITY OF ALTERNATIVE MEANS OF ENERGY, LIKE SOLAR AND HYDROELECTRIC?

THE PUEBLO PEOPLE, IN THE ABSENCE OF POWER MECHANICS, AND PRIOR TO THE ARRIVAL OF THE SPANISH, ANIMAL POWER, RELIED ON GRAVITATIONAL FORCE TO MOVE WATER.

1. NAME THREE RIVERS THAT BOTH THE SPANISH AND PUEBLO USED EXTENSIVELY TO SUPPLY WATER FOR IRRIGATION.

RIO GRANDE RIO CHAMA RIO PECOS

2. WHAT IS AN ACEQUIA?

A WATER DELIVERY SYSTEM UTILIZING A SERIES OF DITCHES TYPICALLY FROM A RELIABLE WATER SOURCE SUCH AS A RIVER.

3. DID ACEQUIAS EXIST IN NEW MEXICO PRIOR TO THE ARRIVAL OF THE SPANISH IN 1598?

ANSWER: YES

NEW MEXICO WATER REVIEW QUESTIONS 8. WHAT IS THE DEMOCRATIC TRADITION OF ACEQUIA USE?

ANSWER: EQUIDAD

9. WHAT DOES IT MEAN?

IT IS THE DISTINGUISHING FACTOR THAT MAKES ACEQUIA’S MORE DEMOCRATIC THAN OTHER EXISTING TRADITIONS. EVOLVED FROM THE DESERT TRADITIONS OF THE QUR’AN UNDER MUSLIM LAW , IT MEANS THAT PEOPLE MUST NEVER DENY WATER TO ANOTHER LIVING BEING.

ANSWER: IN NEW MEXICO TO SHARE WATER WITH OTHER LIVING ENTITIES, WHICH INCLUDES ANIMALS AND PLANTS, IS CONSIDERED A PIOUS CHARITY.

10. HOW WOULD YOU JUSTIFY THE APPLICATION OF EQUIDAD IN THE EVENT THAT DOING SO WOULD DIMINISH DELIVERY OF PRE-APPORTIONED WATER UNDER NEW MEXICO LAW?

ANSWER: NEW MEXICO LAW, WHICH IS BASED UPON THE PRINCIPLE OF PRIOR APPROPRIATION IS CONSTANTLY BEING REVISED AND CONSIDERED IN LIGHT OF EVOLVING USE AND POPULATION GROWTH. AS URBAN POPULATIONS GROW MORE WATER IS NEEDED FOR CITIES TOWNS AND DOMESTIC USE. THIS MEANS THAT THE 75% OF SURFACE WATER WHICH IS AT PRESENT ALLOCATED FOR AGRICULTURAL USE MAY AT SOME POINT BE REDISTRIBUTED. PERHAPS THIS REAPPORTIONMENT, WHEN IT COMES, WILL, IN ADDITION TO FAIRNESS, HAVE A COMPONENT OF EQUIDAD AS WELL.

11. THE ACEQUIA CULTURE PROMOTED THROUGH DEMOCRACY. WHAT WORD IS USED TO DEFINE THIS TERM?

ANSWER:CONVITE

12. SUBSTITUTE A COMPARABLE CONCEPT WITHIN THE CONTEXT OF CURRENT BUSINESS, GOVERNMENTAL OR SOCIAL PRACTICE.

ANSWER: THERE ARE A NUMBER OF POTENTIAL ANSWERS TO THIS QUESTION. AMONG THEM FROM THE STANDPOINT OF GOVERNMENTAL PRACTICE, SOCIAL SECURITY, MEDICARE, MEDICAID, IN FACT IN VERY GENERAL TERMS IN A SOCIAL SERVICE COULD BE SEEN AS DIVIDING WEALTH AMONG ALL MEMBERS OF SOCIETY. FROM THE STANDPOINT OF BUSINESS OR CORPORATE STRUCTURE, ANY CHARITABLE GIVING WOULD ALSO FALL UNDER THIS CATEGORY. STUDENTS MAY RECOGNIZE UNPAID FOOD DISTRIBUTION SERVICES PARTICULARLY PREVALENT DURING HOLIDAYS SUCH AS THANKSGIVING OR CHRISTMAS AS MEETING THIS CRITERIA.

13. EXPLAIN WHY THE LONG-STANDING TRADITION OF ACEQUIA CULTURE IS A DIFFICULT PHILOSOPHICAL CONCEPT TO INTEGRATE INTO OTHER SOCIOPOLITICAL ASPECTS OF CONTEMPORARY CULTURE.

ANSWER: THE ACEQUIA SYSTEM WOULD MIGHT BE COMPARED IN CONTEMPORARY TERMS TO A WORKER OWNED CO-OP. IN A CAPITALISTIC SYSTEM THAT FAVORS STRICT INDIVIDUALISM. CONTEMPORARY GOVERNMENTAL POLICIES FREQUENTLY DO NOT REWARD THIS TYPE OF SYSTEM.

NOTES

WATER REVIEW QUESTIONS 1. COMPARE AND CONTRAST THE PATTERNS OF SPANISH AND MEXICAN LAND GRANTS AGAINST THOSE OF ACTUAL SET SETTLEMENT PATTERNS IN NEW MEXICO.

2. APPRAISE DIFFERENCES BETWEEN THE TWO AND INFER CAUSALITY.

ANSWER: THE CONTRAST BETWEEN SPANISH AND MEXICAN LAND GRANTS WHICH WERE SURVEYED AS GEOMETRIC PATTERNS AND ARE THEREFORE SEEN AS LINEAR ARITHMETICAL SHAPES, CONTRAST WITH ACTUAL SETTLEMENT PATTERNS TO THE EXTENT THAT THE SETTLEMENT PATTERNS MAY BE SEEN AS LINEAR STRETCHES OF POPULATION CENTERS CENTERING ALONG RIVER AND TRIBUTARY BASINS.

ANSWER: THE REASON FOR THIS DIFFERENCE IS BOTH POLITICAL AND ENVIRONMENTAL. LAND ALLOCATED IN TERMS OF ACRES OR IN THE CASE OF LARGER LAND GRANTS SQUARE MILES OR SECTIONS, ARE MOST EASILY ALLOCATED AS SQUARES OR RECTANGLES. IN CONTRAST ACTUAL SETTLEMENT MANDATES AN ENVIRONMENT CONTAINING A RELIABLE WATER SUPPLY.

3. JUDGE THE VALUE OF THIS INFORMATION AS IT RELATES TO 20TH CENTURY POPULATION CENTERS?

ANSWER: ENERGY PRODUCTION HAS HAD A SIGNIFICANT IMPACT ON POPULATIONS BOTH ON THE EASTERN PLAINS AND NORTHWESTERN CORNER OF NEW MEXICO. WITH THE POWER TO ACCESS GROUNDWATER A PREMIUM MAY BE PLACED ON ECONOMIC CONSIDERATIONS IN PLACE OF STRICTLY ENVIRONMENTAL CONCERNS. THIS RAISES SOME INTERESTING QUESTIONS RELATIVE TO LAND AND WATER USE IN POPULATION CENTERS. FOR THOUSANDS OF YEARS NEW MEXICANS HAVE BEEN RELIANT ON THE EIGHT TO TYPICALLY 12 INCHES OF RAINFALL ANNUALLY, TODAY THERE IS NO SUCH LIMITATION IMPOSED ON POPULATION GROWTH. AS A RESULT, FOR THE LAST CENTURY WATER USE IN NEW MEXICO AND MUCH OF THE SOUTHWEST US HAS BEEN EXPLOITED AT A RATE WHICH IS UNSUSTAINABLE.

4. WATER ALLOCATION AND PROPERTY RIGHTS HAVE BEEN THORNY ISSUES THROUGHOUT THE TOTALITY OF RECORDED HUMAN OCCUPATION IN NEW MEXICO. EXPLAIN THE MEANS BY WHICH WERE MOST OF THESE ISSUES FINALLY RESOLVED IN THE LAST HALF OF THE 19TH CENTURY?

ANSWER: AFTER THE UNITED STATES ACQUIRED NEW MEXICO IN 1848, THE GOVERNMENT IMPLEMENTED LARGE-SCALE IRRIGATION PROJECTS AND IN THE EARLY 20TH CENTURY BUILDS MASSIVE CONCRETE DAMS IN THE LOWER RIO GRANDE VALLEY AND ON THE PECOS RIVER

5. COMPARE THE LAW OF PRIOR APPROPRIATION WITH THE SYSTEM OF ACEQUIAS.

ANSWER: THESE TWO SYSTEMS ARE FUNDAMENTALLY DIFFERENT IN A NUMBER OF WAYS, THE LAW OF PRIOR A PORTION WHICH IS THE MEANS BY WHICH WATER RIGHTS ARE ALLOCATED AND CONTEMPORARY SOUTHWESTERN STATES ALLOWS THE FIRST BENEFICIAL USE OR TO OWN SOLE RIGHT TO THE RESOURCE IN PERPETUITY. IN THE CASE OF ACEQUIAS, THE SYSTEM OF DITCHES USED FOR IRRIGATION IS OWNED BY THE COMMUNITY AND THE WATER RESOURCE IS ALSO AVAILABLE FOR EVERYONE’S USE.

6. WHEN WAS THE LAW ESTABLISHING THE TERRITORIAL ENGINEER AS THE CHIEF WATER ADMINISTRATOR ENACTED?

ANSWER: 1907

WATER REVIEW QUESTIONS 2. GIVEN THE FACT THAT NEW MEXICO IS AN ARID STATE, WHAT PERCENTAGE OF ANNUAL RAINFALL REMAINS AFTER EVAPORATION?

ANSWER: 3%

3. WHAT PERCENTAGE OF NEW MEXICO’S SURFACE WATER IS ALLOCATED FOR AGRICULTURAL USE? SUMMARIZE JUSTIFICATION THE SIZE OF THIS ALLOCATION.

ANSWER: 75%. THE REASON FOR THIS STEMMS FROM THE FACT THAT NEW MEXICO WAS FUNDAMENTALLY AGRARIAN THROUGHOUT THE LATE 19TH AND EARLY 20TH CENTURIES. GIVEN THE LAW OF PRIOR APPROPRIATION THE FIRST PEOPLE TO PUT WATER RESOURCES TO BENEFICIAL USE WERE ALSO THE ONES GIVEN SENIOR POSITION FOR ITS USE. THIS RAISES OBVIOUS QUESTIONS ABOUT THE RATIONALITY OF SUCH APPORTIONMENT IN A STATE WHERE LESS THAN 2% OF THE POPULATION IS CURRENTLY INVOLVED IN AGRICULTURE

4. HOW IS GROUNDWATER ALLOCATION DETERMINED?

ANSWER: THE STATE ENGINEER ESTIMATES POTENTIAL NEGATIVE IMPACT TO SENIOR WATER RIGHT HOLDERS, AND THE POTENTIAL FOR THE RESOURCE TO BE PUT TO BENEFICIAL USE,

5. NEW MEXICO HAS AN ESTIMATED 20,000,000,000 ACRE-FEET OF WATER CONTAINED IN VARIOUS AQUIFERS AND BALSAMS THROUGHOUT THE STATE. JUDGE THE RELATIVE VALUE OF THIS RESOURCE.

ANSWER: MUCH OF THE WATER CONTAINED IN AQUIFERS BENEATH NEW MEXICO IS SALINATED, WHICH, WITHOUT TREATMENT WOULD RENDER IT UNUSABLE FOR EITHER AGRICULTURAL USE OR HUMAN CONSUMPTION. THIS MITIGATES ITS POTENTIAL USE, ADDITIONALLY, DUE TO THE ARID NATURE OF NEW MEXICO’S CLIMATE AQUIFERS ARE RECHARGED AT A VERY LOW RATE, MEANING THAT SUSTAINABLE GROUNDWATER USE WOULD MANDATE LIMITED DRAWDOWN.

6. UNDER THE TERMS OF PRIOR APPROPRIATION COMPARE SENIOR WATER RIGHTS WITH JUNIOR WATER RIGHTS. ANSWER: SENIOR WATER RIGHT HOLDERS MUST BE LEGALLY SATISFIED WITH THEIR ALLOCATION BEFORE JUNIOR RIGHT HOLDERS ARE ENTITLED TO AN ALLOCATION.

7. SUMMARIZE THE POSITION OF THE U.S. CONSTITUTION SAY RELATIVE TO THE QUESTION OF ALLIANCES OR TREATIES THAT RELATE TO INTERSTATE WATER DELIVERY? WHAT BODY OVERSEES THE PROCESS ON THE FEDERAL LEVEL? ANSWER: WHILE THE U.S. CONSTITUTION TYPICALLY FORBIDS ALLIANCES AND TREATIES BETWEEN STATES IT DOES ALLOW THEM TO GO FORWARD IN THE CASE OF AGREEMENTS RELATING TO THE INTERSTATE TRANSFER OF WATER WITH THE CAVEAT THAT CONGRESS AS THE RIGHT TO ACCEPT OR REJECT ANY SUCH AGREEMENT.

WATER REVIEW QUESTIONS 1. IDENTIFY SIX FACTORS WHICH WILL BE USED TO DETERMINE ANY QUESTION OF WATER TRANSFER FROM THE STATE OF NEW MEXICO.

1. THE SUPPLY OF WATER AVAILABLE TO THE STATE OF NEW MEXICO 2. WATER DEMANDS IN THE STATE OF NEW MEXICO 3. WHETHER THERE ARE WATER SHORTAGES WITHIN THE STATE OF NEW MEXICO 4. WHETHER THE WATER THAT IS THE SUBJECT OF THE APPLICATION COULD BE TRANSPORTED FEASIBLY TO ALLEVIATE THE WATER SHORTAGES IN THE STATE OF NEW MEXICO 5. THE SUPPLY AND SOURCES OF WATER AVAILABLE TO THE APPLICANTS IN THE STATE WHERE THE APPLICATION INTENDS TO USE THE WATER 6. DEMANDS PLACED ON THE APPLICANTS SUPPLY IN THE STATE WHERE THE APPLICANT INTENDS TO USE THE WATER.

2. NAME THE FOUR GENERAL FIELDS WHICH RELATE TO WATER RIGHTS.

ANSWER: 1 PUBLIC WATERS; INCLUDING WATERCOURSES, LAKES, AND UNDER MODERN LAW, WETLANDS.

2 OTHER SURFACE WATERS, THESE ARE GENERALLY WATERS THAT FLOW ACROSS LAND FROM RAIN, FLOODWATERS AND SNOW MELT BEFORE THOSE WATERS REACH A WATERCOURSE LAKE OR WETLAND.

3 GROUNDWATER; THIS CATEGORY INCLUDES BUT IS NOT LIMITED TO BALSAMS AND AQUIFERS.

4 PUBLIC REGULATION WATERS, INCLUDING FLOOD CONTROL, ENVIRONMENTAL REGULATION—STATE AND FEDERAL, PUBLIC HEALTH REGULATION AND REGULATION OF FISHERIES

3. IN WHAT WAY DOES BRITISH COMMON-LAW RELATE TO WATER RIGHTS IN THE UNITED STATES?

ANSWER: BRITISH COMMON-LAW CONSISTS OF A SET OF LEGAL PRINCIPLES AND JUDICIAL DECISIONS USED TO SETTLE DISPUTES OF A STATUTORY, AND/OR CONSTITUTIONAL NATURE.

4. DESCRIBE THE LEGAL MECHANISM ARE STATE AND FEDERAL AUTHORITIES ALLOWED TO ACQUIRE PRIVATE LAND WHICH IS NOT FOR SALE? IN WHAT WAY WOULD PRIVATE PROPERTY CONTIGUOUS TO A NAVIGABLE RIVER OR LAKE BE OF PARTICULAR INTEREST TO STATE OR FEDERAL AUTHORITIES?

ANSWER: THROUGH THE RIGHT OF EMINENT DOMAIN STATE AND FEDERAL GOVERNMENT RESERVES FOR ITSELF THE RIGHT TO TAKE PRIVATE PROPERTY AND MAY DO SO IN THE INTEREST OF PRESERVATION OF PUBLIC WATERS, BECAUSE OF THE IMPORTANCE OF PUBLIC WATERS TO COMMERCE, ENVIRONMENT AND RECREATION.

5. COMPARE THE RIGHT OF OWNERSHIP OF PRIVATE WATER RIGHTS WITH THE RIGHT OF STATE AND FEDERAL OFFICIALS TO OVERSEE ITS USE?

ANSWER: STATE AND FEDERAL AUTHORITY ARE SAID TO HAVE SUPERIOR RIGHTS TO THOSE OF THE PRIVATE LANDHOLDER.

6. LANDOWNER MAY BE SAID TO HOLD WATER RIGHTS RELATIVE TO OTHER PRIVATE PARTIES BUT NOT RELATIVE TO THE RIGHTS OF

ANSWER: STATE AND FEDERAL AUTHORITY _____________________________________________________ __________________________________________________________________________________________ ______________________

7. IN TERMS OF CLIMATE WHAT TO DO STATES OF ARIZONA, COLORADO, UTAH AND NEW MEXICO HAVE IN COMMON?

ANSWER: ALL ARE CHARACTERIZED AS AIRED OR SEMI ARID, WITH DESERT LIKE (10 INCHES OR LESS ANNUAL RAINFALL PER YEAR) CONDITIONS PREVAILING OVER SIGNIFICANT REGIO NS._____________________________________________________________________________

8. WHAT DOES THIS MEAN IN TERMS OF WATER ALLOCATION?

ANSWER: THE FACT THAT WATER IS A LIMITED RESOURCE, AND ALLOCATED BY PRIOR APPROPRIATION, A GOOD DEAL OF TIME ENERGY AND CONSIDERATION IS GIVEN TO ALLOCATION OF THE RESOURCE. _____________________________________________________________________________________________ ____________________________________________________________________________________________

ON AUGUST 5, 1969, 70 ELECTED DELEGATES BEGAN THE DIFFICULT TASK OF CONSIDERING THE FIRST MAJOR REVISION OF THE NEW MEXICO CONSTITUTION SINCE IT WAS ADOPTED IN 1911. BY OCTOBER 20 THE CONVENTION DELEGATES HAD HAMMERED OUT A NEW CONSTITUTION. ON DECEMBER 9, 1969, HOWEVER, THE PROPOSED CONSTITUTION, LIKE MOST OF ITS PREDECESSORS OF THE PAST CENTURY, WAS REJECTED BY THE VOTERS. WATER RIGHTS ACCORDING NEW MEXICO’S 1907 CODE ARE BASED ON HISTORIC AND CURRENT USE, THOSE RIGHTS ARE SAID TO BE VESTED OR AUTOMATIC. SINCE 1907, ANYONE WANTING RIGHTS TO SURFACE WATER HAS HAD TO APPLY FOR A PERMIT TO EITHER THE TERRITORIAL ADMINISTRATOR ( UNTIL 1912) OR STATE ENGINEER. THOSE WITH LONG-STANDING SENIOR WATER RIGHTS TAKE PRECEDENCE OVER JUNIOR APPROPRIATORS. THIS MEANS THAT THOSE HOLDING SENIOR WATER RIGHTS WILL HAVE THOSE RIGHTS SATISFIED EVEN TO THE EXCLUSION OF THOSE HOLDING JUNIOR RIGHTS IN AN ESPECIALLY DRY YEAR. BUT WHAT HAPPENS WHEN SURFACE WATER RIGHTS CONFLICT WITH GROUNDWATER RIGHTS?

SOMETIMES IT IS UNCLEAR WHO IN FACT HAS PROPRIETARY RIGHTS. SENIOR RIGHTS HOLDERS IN THE CARLSBAD IRRIGATION DISTRICT RECENTLY ASKED THE STATE ENGINEER TO PREVENT JUNIOR RIGHT HOLDERS IN THE PECOS RIVER DRAINAGE AREA FROM PUMPING GROUNDWATER OUT OF THE PECOS RIVER BASIN. IT WAS THEIR ASSERTION THAT THE JUNIOR RIGHT HOLDERS WERE CAUSING A DECREASE IN THE FLOW OF THE PECOS RIVER AND A CORRESPONDING DECREASE IN THE SUPPLY OF WATER AVAILABLE TO DOWNSTREAM SENIOR RIGHT HOLDERS.

CONSTRUCT A SCENARIO WHICH WOULD ALIGN IN A POSITIVE NATURE WITH THE ARGUMENT OF SENIOR RIGHT HOLDERS IN THE PRECEDING CASE.

ANSWER: THE ASSERTION OF SENIOR RIGHT HOLDERS THAT A REDUCTION IN GROUNDWATER LEVELS IN THE PECOS BASIN WOULD RESULT IN A DECREASED FLOW OF WATER IN THE RIVER COULD BE SUSTAINED BY ARGUING THAT A LOWER WATER TABLE WOULD BE NECESSARILY RECHARGED BY SURFACE WATER IN A RIVER BASIN. ___________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ____________________________________________________

SUMMARIZE A REASONABLE RESPONSE TO THE PREVIOUS ARGUMENT WHICH WOULD SERVE THE CAUSE OF JUNIOR RIGHT HOLDERS IN THIS CASE.

ANSWER: SENIOR WRITER HOLDERS ARE GRANTED BY THE STATE ENGINEER AND ALLOCATED PERCENTAGE OF STREAMFLOW IN THE PECOS RIVER. THIS DOES NOT AUTHORIZE RIGHTS, EITHER STATED OR IMPLIED TO GROUNDWATER UNDERLYING THE RIVER BASIN. ___________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ___________________________________________

SUMMARIZE THE ARGUMENTS OF BOTH PARTIES IN THIS CASE AND FAIRLY JUDGE THE MORE COMPELLING ARGUMENT. SUPPORT YOUR DECISION WITH ARGUMENTS BASED ON EXISTING NEW MEXICO WATER LAW.

ANSWER: ANSWERS WILL VERY THOUGH AN IMPORTANT COMPONENT OF THE SENIOR RIGHTS CASE WOULD INVOLVE THE LONG-STANDING AND CONSTITUTIONALLY GUARANTEED DOCTRINE OF PRIOR APPROPRIATION. ARGUMENTS IN SUPPORT OF JUNIOR RIGHTS HOLDERS SHOULD CONSIDER THE ADMINISTRATIVE ROLE OF THE STATE ENGINEER IN GROUNDWATER APPROPRIATION. AND SINCE THE 1907 WATER CODE REFERRED ONLY TO THE STATE’S SURFACE WATER, THE STATE’S ORIGINAL WATER RIGHTS LAWS THAT APPLY ONLY TO SURFACE WATER. WHILE THIS CASE IS STILL BEING CONSIDERED IT IS GENERALLY THE CASE THAT THROUGH MEDIATION A MODULATION OF BOTH SENIOR AND JUNIOR RIGHTS IS CONSIDERED. ___________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ___________

ULTIMATELY JUDICIAL FINDINGS, ESPECIALLY IN CASES INVOLVING WATER RIGHTS, FREQUENTLY RELY ON SCIENTIFIC STUDIES AS THE BASIS FOR MAKING THEIR FINAL DETERMINATION. FOR THIS REASON IT IS NOT UNCOMMON FOR A COURT TO REQUIRE THE STATE ENGINEER TO PROVIDE SCIENTIFIC INFORMATION, PERHAPS A HYDROGRAPHIC SURVEY OF THE STREAM SYSTEM IN QUESTION OR A MAP OF A GROUNDWATER BASIN.

9. COMPARE AND CONTRAST THE CONSEQUENCES OF SMALL-SCALE SUBSISTENCE FARMING BETWEEN EASTERN NEW MEXICO AND THE ACEQUIA REGION OF NORTHERN NEW MEXICO. DISTINGUISH SOCIAL AND ECONOMIC POLICIES AS WELL AS CLIMATOLOGICAL AND TOPOGRAPHIC DIFFERENCES. FORMULATE A THEORY TO EXPLAIN THE DIFFERENCES IN ECONOMIC SUSTAINABILITY BETWEEN THE TWO REGIONS IN THE EARLY PART OF THE 20TH CENTURY. ANSWER: SMALL-SCALE SUBSISTENCE FARMING ON NEW MEXICO’S EASTERN PLAINS DIFFERED IN SEVERAL RESPECTS FROM SIMILAR ACTIVITIES IN NORTH-CENTRAL NEW MEXICO. ONE OF THE MOST SIGNIFICANT IS THE AMOUNT OF RAINFALL WHICH EACH REGION RECEIVES. THE DIFFERENCES CAN AMOUNT TO BETWEEN 20 AND 30 INCHES PER YEAR IN REGIONS OF HIGHER ELEVATION IN NORTHERN NEW MEXICO. THIS FACT ALONE MEANT THAT ON IRRIGATED FIELDS AT A MUCH GREATER CHANCE OF SURVIVAL IN NORTHERN NEW MEXICO THAN THOSE FIELDS PLANTED ON THE EASTERN PLAINS PARTICULARLY IN THE TIME FRAME OF THE 1920S, AND 30S. ANOTHER IMPORTANT COMPONENT, IMPORTANT WHEN DISCUSSING ECONOMIC VIABILITY BETWEEN THE REGIONS DURING THIS TIME. IT IS THE LEVEL OF DEBT. AGRICULTURAL LOANS WITHIN THE ACEQUIA REGION OF NEW MEXICO, INCLUDING COLFAX, TAOS AND RIO ARRIBA COUNTIES TOTALED $348. IN CONTRAST DEBT INCURRED BY INDIVIDUAL FARMERS ON THE EASTERN PLAINS OF NEW MEXICO, WOULD FREQUENTLY BE CALCULATED IN TERMS OF TENS OF THOUSANDS OF DOLLARS, RESULTING IN DEBT SERVICE THAT PROVED UNSUSTAINABLE.

emocratic law in New Mexico

aws are rules that have been legislated to help communities establish and maintain a level of civil order, while protecting the rights of individuals. Underlying these laws are our moral and ethical beliefs that taken together establish in a general way, a collective view of right and wrong in a society. Given a society as diverse as New Mexico’s these differences can relate to long-standing cultural beliefs which must be considered in the determination of those actions which may be deemed unacceptable, but more often questions that relate to right and wrong, which are ultimately codified into concepts of legality, cross cultural boundaries. An example might be the taking of another’s possessions or life, these are seen, across cultural boundaries as sacrosanct so there is little descent on major topics when it comes to these questions in writing the criminal codes. On the other hand, the use of peyote among some Indian cultures is venerated in long-standing. We therefore make accommodation in the case of cultural, and religious differences such that we do not criminalize people for acting in support of their beliefs and convictions.

In the same way, we elect people in our representative democracy to governmental offices who are collectively empowered to make crucial determinations about how we as a society will view matters of right and wrong. In so doing we presume that they will see the world largely as we see it, and as a consequence craft the ship of state in ways that we would ourselves were we as individuals able to do so. However, we also make allowances, within the context of our governmental entities, for divergent views among our legislators, through the establishment of bicameral legislative bodies and the checks and balances inherent in a government comprised of three separate branches, judicial, legislative, and executive. But it can also be seen

A pure or direct democracy is a form of egalitarian rule based upon a theory of civics in which sovereignty resides with all citizens who choose to participate. Depending upon the specific tenants of the democratic rule in question, it is possible for an assembly of citizens to pass executive motions, make laws, elect or dismiss officials and even hear civil and criminal cases. This is because direct democracy has no representatives – judicial, legislative or executive.

in our acceptance of tribal governments, to which we grant a significant degree of autonomy, through treaties and ancillary agreements.

Under the terms of these treaties, persons of Native American descent occupy a unique legal position. While they are U.S. citizens and entitled to the same legal rights and protections under the Constitution that all other U.S. citizens enjoy, they are also members of self-governing tribes whose existence far predates the arrival of Europeans on American shores. They are the descendants of peoples who had their own inherent rights—rights that required no validation or legitimation from the newcomers who found their way onto their soil.

These combined, and in many ways conflicting, legal positions have resulted in a complex relationship between Native American tribes and the federal government. Although the historic events and specific details of each tribe’s situation vary considerably, the legal rights and status maintained by Native Americans are the result of their shared history of wrestling with the U.S. government over issues like tribal sovereignty, shifting government policies, treaties that were made and often broken, and conflicting latter-day interpretations of those treaties. The result today is that although Native Americans enjoy the same legal rights as every other U.S. citizen, they also retain unique rights in such areas as hunting and fishing, water use, and gaming operations. In general, these rights are based on the legal foundations of tribal sovereignty, treaty provisions, and the “reserved rights” doctrine, which holds that Native Americans retain all rights not explicitly abrogated in treaties or other legislation.

Direct Democracy contrasts with Representative Democracy in that the latter exercises its authority through the decisions of a subset of the people. These are citizen representatives, elected by popular vote to be advocates for the interests of their constituents in the writing and enforcement of laws and governmental policies, the rules and regulations that modulate social and economic activity.

Direct and representative democracy In a direct democracy laws can be passed through a ballot measure, or initiative. In this case a citizen proposed law may be passed if a majority of those voting are in favor of it. In the same way a referendum, also known as a plea to cite or ballot question, is a direct vote in which citizens are allowed to either accept or reject a particular proposal. In this case a Representative Democracy assumes, however briefly, some of the characteristics of a direct democracy.

In the case of a direct democracy there are typically few elections. In a representative democracy elections are held at regular intervals, typically two four and six year cycles. Due to the fact that there are often a number of candidates vying for the same office, runoff elections also known as primaries are usually held in advance of the general election . In order for a person to vote in either a primary or general election it is necessary that they first register with the county election

apportioned, resulting in deficits and frequently litigation. In areas of the Midwest, and Eastern United States, water apportionment is handled in a much different way, due to the relative abundance of this important natural resource.

hile direct and representative democracies are different in very fundamental ways both are based upon the fundamental principle of majority rule. The specifics of this rule, who it includes and excludes by both nuance and codification, is significant and will determine to a large extent how democratic society actually is. If, as was the case in New Mexico through the early part of the 20th century, women and Native Americans are unrepresented by being denied the right to vote, then society is neither fully representative nor democratic, for they have neither the right to select their legislative representatives, nor represent themselves in the halls of government. Direct democratic rule is distinct from representative democracy in that there is no need for representation in as much as the citizens themselves are actively involved in the process. In a representative form of democratic government, citizens are empowered through the process of general elections to select whom they wish to represent their interests in government. These Representatives have power to shape public policy but they are also expected to act in ways that best serve the interests of the majority of their constituents. Supplement

Laws may be written and enforced at different governmental levels; local, state, and federal. Due in part to changing attitudes, values, and circumstances over time, laws are written revised and repealed in an attempt to deal with societal evolution as it occurs. Cultural and political differences may also be seen in light to the standards that prevail in diverse regions. These differences frequently require initiatives that specifically reflect the varying needs of contrasting communities. A good example of this difference may be seen in the way water ownership and use is legislated. Water permits in the arid Southwest, are issued based upon a very stringent set of criteria, including significantly, prior use and relative benefit. Even so, surface water in the Western states is frequently over

Throughout the course of your life you, all of your classmates, teachers, friends and family will benefit from and be subject to many types of laws. These laws will written and considered and signed into law, based, ideally upon perceptions of public good, for your local community, state and country. Local ordinances have limited jurisdiction and fall under the authority of laws established by the federal government. Whether local or federal, all laws in the United States originate from four fundamental sources; constitutions, statutes, court decisions, and administrative regulations, and all are fundamentally designed to deal with public service, individual disputes and criminal activities.

Simply put, Constitutions form the legal basis for our governmentâ&#x20AC;&#x2122;s powers and its limits are based upon a list of rights and freedoms established under the terms of a constitutional Bill of Rights. As a US citizen you have constitutionally guaranteed rights under the terms of both the US and New Mexico constitutions. The Constitution of the State of New Mexico was Adopted by Constitutional Convention November 21, 1910 and ratified by popular vote on November 5, 1911, months prior to the establishment of statehood in 1912, and has been modified through constitutional amendments many times since then. Every state has its own constitution all of them have also been adapted at one time or another through amendments. Because no state is allowed to ratify or amend a constitution such that it would countermand any aspect of the Constitution of the United States, there is a level of conformity among all state constitutions.

Precidence Codified

law that is enacted by the legislative process is known as a statute. The lawmaking body empowered with the authority to pass statutes on the state level is the New Mexico State Legislature. This is a bicameral body composed of both a House and a Senate chamber. This mirrors the legislative branch of the United States, which also has two houses known collectively as the U.S. Congress.

There are other local offices that also have limited legislative authority, including city councils.

Prior to the advent of legislatures and democratic rule, monarchies would chose people to serve as arbiters. These agents of the government had the power to resolve disputes and punish people who acted criminally. Over time many of these decisions were written down and the cases established a precedent which became accepted practice. In the absence of a compelling reason to do otherwise, precedents established by these decisions was typically followed. These precedents are recognized today as common law.

In cases where there is no applicable statute or where the law itself is imprecise, precedents established by common-law are frequently used in the courts to decide a case.

Regardless of their origin, all laws fall into one of two broad categories, civil and criminal law. Civil law deals with issues such as marriage, divorce, business contracts, civil rights, and housing, while criminal law defines crimes and frequently stipulates punishments or fines for those found to be in violation of these laws.

The New Mexico Constitution

he New Mexico state constitution which was approved by voters on January 21, 1911 has a long and complicated history which dates back to the time when New Mexico was first occupied by military forces of the United States.

In 1848 soon after the Treaty of Guadalupe Hidalgo was signed, and New Mexico was formally ceded to the United States, New MDr. Noahexicans petitioned Congress to establish a territorial government. The petition was ignored by Congress. A year later New Mexicans adopted a new plan for a territorial government and sent a delegate to Washington. Again Congress ignored the plan and refuse to seat the delegates.

The first New Mexico Constitution was written during the summer of 1851 local government officials drafted a plan for a state government. This first state Constitution

w a s overwhelmingly approved by voters but was quickly nullified by federal officials because New Mexico had not yet obtained territorial status and therefore had no legal standing from which to seek statehood.

On September 9, 1850 the organic act formally created the territory of New Mexico and its long struggle for statehood began. Several attempts were made to develop and implement a Constitution during this period. These included proposed constitutions which were defeated at the polls in 1872 and 1889. All of these efforts however including the defeated joint statehood effort with Arizona in 1906 provided momentum to the statehood movement which culminated in the 1910 Constitution.

On June 20, 1910, after 62 years of struggle, Congress finally passed the enabling legislation which authorized

New Mexico to call a constitutional convention in anticipation of being admitted to the Union. On October 3, 1910, 100 elected delegates convened at Santa Fe to draft a document which was approved by the voters on January 21, 1911. On January 6, 1912, President William H. Taft signed a proclamation declaring New Mexico the 47th State of the Union.

The intervening 99 years, however, have been a trying period for New Mexico’s Constitution. It currently bears little resemblance to the original document approved by the voters in 1911. While a few of its original articles have remained relatively intact – most notably those related to the Bill of Rights and Elective Franchise, -- most of the original 22 articles have undergone changes, some of them substantial.

The question of whether New Mexico needs a new constitution has been the subject of serious discussion for the past 50 years. Disturbed by the documents need for frequent amendment, state officials in the early 1950s established a State Reorganization Committee to study the structure of the state government. The deliberations and reports of this “Little Hoover Commission” as it has become known, laid the basis for much of New Mexico’s constitutional reform movement and controversy.

Constitutional Revision

n 1963, a Constitutional Revision Commission was established by the New Mexico Legislature to conduct studies and research and to recommend changes to the Constitution of New Mexico if they were deemed desirable. The generated report urged extensive changes to the 1910 document. Consequently a legislative proposal calling for a Constitutional convention was overwhelmingly approved by voters in November of 1968.

On August 5, 1969, 70 elected delegates began the difficult task of considering the first major revision of the New Mexico Constitution since it was adopted in 1911. By October 20 the convention delegates had hammered out a new constitution. On December 9, 1969, however, the proposed constitution, like most of its predecessors of the past century, was rejected by the voters.

In 1993 the 41st legislature again established a Constitutional Revision Commission to review New Mexico’s

governing laws. Their report was adopted at the final meeting of the commission held in Santa Fe on December 11, 1995 and presented to then Governor Gary Johnson and members of the 42nd legislature on December 15, 1996. The commission recommended changes in the Constitution to allow for more flexible methods of amendment as essential for a more orderly constitutional revision. The process allowed at the time provided only for either a single subject, piecemeal amendment, or wholesale amendment by a Constitutional convention. The outcome of the commission’s proposals was a Constitutional amendment placed on the November 5, 1996 general election ballot which allowed an independent commission to propose amendments submitted to the Legislature for its consideration the amendment also change the constitutional amendment process to enable all or part of the proposed revisions amendments or alterations to be submitted to voters. The amendment was passed overwhelmingly by voters.

New Mexico Constitution Review Questions

1. ANALYZE THE WAY THAT MORAL AND ETHICAL BELIEFS ESTABLISHED A FOUNDATION FOR A CODIFIED BODY OF LAW.

5. BOTH DIRECT DEMOCRACY IN THE PRESENTED OF DEMOCRACY ARE BASED ON WHAT PRINCIPLE? ANSWER: MAJORITY RULE

ANSWER: LAWS ARE ESTABLISHED IN ORDER TO HELP SOCIETY MAINTAIN A LEVEL OF CIVIL ORDER IN PROTECTING RIGHTS OF THE INDIVIDUAL, BUT THEY DRAW THEIR POWER FROM A COLLECTIVE VIEW OF RIGHT AND WRONG WHICH EXISTS WITHIN THE CONTEXT OF GREATER SOCIETY. IT IS THIS SENSE OF RIGHT AND WRONG WHICH OVER TIME BECOMES CODIFIED INTO COMMON LAW.

2. USE LONG-STANDING DIFFERENCES IN CULTURAL HERITAGE TO DISTINGUISH BETWEEN STATES AND TRIBAL LAW. NATIVE AMERICAN TRIBES WHOSE EXISTENCE PREDATES THE ESTABLISHMENT OF THE UNITED STATES GOVERNMENT, WHERE GOVERNED BY A SET OF RULES, LAWS AND INHERENT RIGHTS. THE US GOVERNMENT, THROUGH THE PROCESS OF TREATY AND NEGOTIATION HAS ARRIVED AT A LEGAL STANDING THAT RESPECTS THE ETHNIC LAWS AND CULTURE WHILE MAINTAINING AN OVERARCHING SET OF CIVIL AND CRIMINAL CODES.

3. EXPLAIN THE UNIQUE LEGAL POSITION OF A NATIVE AMERICAN LIVING IN NEW MEXICO. ANSWER: A PERSON OF NATIVE AMERICAN DESCENT AS A MEMBER OF A SELF-GOVERNING TRIBE, HAS NATURALIZED RIGHTS WITHIN THE STRUCTURE. BUT AS A CITIZEN OF THE UNITED STATES, AND NEW MEXICO, IS ALSO ENTITLED TO LEGAL RIGHTS AND PROTECTIONS UNDER BOTH CONSTITUTIONS.

4. ARTICULATE THE LEGAL RATIONALE UNDERLYING RIGHTS ACCORDED TO NATIVE AMERICANS BASED UPON THEIR UNIQUE HERITAGE. ANSWER: IN GENERAL THESE RIGHTS ARE BASED UPON LEGAL FOUNDATIONS OF TRIBAL SOVEREIGNTY, TREATY PROVISIONS, AND THE RESERVED RIGHTS DOCTRINE WHICH HOLDS THAT ALL RIGHTS NOT EXPLICITLY ABROGATED IN TREATIES OR OTHER LEGISLATION WAS THE STATE OF NEW MEXICO OR THE US GOVERNMENT ARE RETAINED BY MEMBERS OF THAT TRIBE IN PERPETUITY.

6. IN A REPRESENTATIVE DEMOCRACY, THOSE ELECTED TO SERVE WITHIN THE GOVERNMENTAL STRUCTURE HAVE AN UNDERLYING RESPONSIBILITY TO THEIR CONSTITUENTS. EXPLAINED HIS RESPONSIBILITIES. ANSWER: ELECTED REPRESENTATIVES HAVE RESPONSIBILITY TO PROPOSE, CONSIDER, AND IF POSSIBLE ENACT LAWS WHICH ARE IN THEIR VIEW COMPREHENSIVE AND IN THE BEST INTEREST OF THE MAJORITY OF THEIR CONSTITUENTS. 7. COMBINE WHAT YOU KNOW OF LEGISLATIVE RESPONSIBILITIES, AND CONSIDER WITHIN THIS CONTEXT THE APPROPRIATE NATURE OF GOVERNMENTAL REPRESENTATIVES ACCEPTING CAMPAIGN CONTRIBUTIONS FROM NARROW SPECIAL INTERESTS. ANSWER: THERE CAN BE LEGITIMATE DISAGREEMENT ABOUT WHETHER OR NOT CAMPAIGN CONTRIBUTIONS AND CONSEQUENTIAL ACCESS IS APPROPRIATE. THERE IS HOWEVER NO DOUBT THAT IT IS WITHIN THE CONTEXT OF THE JUDICIAL BRANCH CONSIDERED NOT ONLY APPROPRIATE BUT ILLEGAL FOR A SITTING JUDGE TO PRESIDE OVER A CASE IN WHICH HE HAS A VESTED INTEREST. 8. WITHIN THE STATE OF NEW MEXICO LAWS MAY BE WRITTEN AND ENFORCED ON DIFFERENT GOVERNMENTAL LEVELS WHAT ARE THOSE LEVELS? ANSWER: GOVERNMENTAL LEVELS EMPOWERED TO WRITE AND ENFORCE LAWS INCLUDE LOCAL, STATE, FEDERAL AND TRIBAL . 9. ALL LAWS, FEDERAL, STATE, OR CITY, ORIGINATE FROM FUNDAMENTAL SOURCES. SUMMARIZE THOSE SOURCES. ANSWER: ALL LAWS ORIGINATE FROM FOUR SOURCES, CONSTITUTIONS, STATUTES, COURT DECISIONS, AND ADMINISTRATIVE REGULATIONS. 10. IN A DEMOCRACY WHAT FORMS THE LEGAL BASIS FOR GOVERNMENTS POWERS?

ANSWER: IT’S CONSTITUTION.

The New Mexico Constitution Review Questions CIVIL RIGHTS, AND HOUSING. 1. IN THE SAME DEMOCRACY WHAT IS THE BASIS FOR CITIZENS RIGHTS AND FREEDOMS?

THE NEW MEXICO CONSTITUTION

ANSWER: TYPICALLY A CONSTITUTIONALLY BASED BILL OF RIGHTS.

7. IN WHAT YEAR WAS THE NEW MEXICO STATE CONSTITUTION APPROVED BY VOTERS?

2. NEW MEXICO’S CONSTITUTION IS ALMOST 100 YEARS OLD. IN THAT TIME IT HAS BEEN CHANGED MANY TIMES. WHAT ARE THESE CHANGES CALLED?

ANSWER: 1911 8. WHAT YEAR WAS NEW MEXICO’S FIRST CONSTITUTION WRITTEN?

CONSTITUTIONAL AMENDMENTS. ANSWER: 1851 3. WHAT IS THE LIMIT IMPOSED ON ALL STATES IN TERMS OF AMENDMENTS TO STATE CONSTITUTIONS.

9. WHY WAS THIS CONSTITUTION NOT ADOPTED?

ANSWER: NO STATE IS ALLOWED TO RATIFY OR AMEND THE CONSTITUTION IN SUCH A WAY THAT IT WOULD COUNTERMAND ANY ASPECT OF THE U.S. CONSTITUTION

ANSWER: THIS CONSTITUTION WAS APPROVED BY VOTERS BUT WAS QUICKLY NULLIFIED BY FEDERAL OFFICIALS BECAUSE NEW MEXICO HAD NOT YET OBTAINED TERRITORIAL STATUS, AND HAD THEREFORE NO LEGAL STANDING FROM WHICH TO SEEK STATEHOOD.

4. A LAW THAT IS ENACTED BY THE LEGISLATIVE PROCESS IS KNOWN AS WHAT?

10. OVER THE COURSE OF 100 YEARS NEW MEXICO’S CONSTITUTION HAS BEEN REVISED MANY TIMES, SO OFTEN FACT THAT IN 1963 IT WAS PROPOSED THAT THE CONSTITUTION BE REPLACED.

ANSWER: A STATUTE 5. NEW MEXICO’S STATE LEGISLATURE IS A BICAMERAL BODY. WHAT DOES THIS MEAN? ANSWER: THIS MEANS THAT NEW MEXICO’S LEGISLATIVE BRANCH IS MADE UP OF TWO DELIVERS BODIES. THE HOUSE, AND SENATE CHAMBER 6. DIFFERENTIATE CRIMINAL AND CIVIL LAW. DISTINGUISH BETWEEN THE TWO BY LISTING THE TYPES OF CASES WHICH WOULD FALL INTO EACH CATEGORY. ANSWER: CRIMINAL LAW DEALS WITH BEHAVIOR BOTH ACTIVE AND NEGLIGENT, AND STIPULATES PUNISHMENTS OR FINES FOR THOSE FOUND TO BE IN VIOLATION OF THOSE LAWS. CIVIL LAWS DEAL WITH ISSUES SUCH AS MARRIAGE, DIVORCE, BUSINESS CONTRACTS,

11. SUMMARIZE THE RESULTS OF THIS PROPOSAL. ANSWER: A COMMISSION IMPANELED TO CONSIDER THE QUESTION RECOMMENDED CONSTITUTIONAL AMENDMENTS WHICH WERE PLACED ON THE GENERAL ELECTION BALLOT IN 1996 AND PASSED OVERWHELMINGLY BY VOTERS.

New Mex Govern The New Mexico Constitution

he United States Constitution prescribes specific powers to the federal government and authorizes Congress to be the sole authority when passing laws needed to enforce those powers. Among the rights prescribed exclusively to the United States Congress are the right to regulate things like commerce, specifically: the traffic and sale of goods between states and other countries. The U.S. Congress also retains the right to the establishment of the postal system, print and set the value of money, and declare war against other nations. The rationale being that should this authority be distributed among the states each would be fundamentally acting as itâ&#x20AC;&#x2122;s own country; making treaties, currency, and internal policies which would almost certainly put them in conflict with federal statutes as well as the laws of other states. This is not to say that states do not have quite a bit of autonomy. The 10th amendment to the Constitution allows states all powers which are not expressly given to the federal government, or are not outlawed by federal statute. The U.S. Constitution for example, does not authorize the federal government to create a national system of public schools nor does it deal with marriage and divorce law. Each date therefore has authority to make and in force its own laws in these areas. Some powers are concurrent which means that both federal and state governments have the power to collect taxes and establish a police force, a court system, and penal systems among other services in the public interest. New Mexicoâ&#x20AC;&#x2122;s Constitution defines our states government and its powers. Though it in some ways resembles the U.S. Constitution it is far longer and more detailed than the four-page federal document. Among the similarities between the two constitutions is the prescribed form which each government takes. Both are divided into three branches; the executive, legislative and Judiciary. In other words New Mexico has its own legislature to write state laws, its own courts to interpret them, and its own chief executive â&#x20AC;&#x201C; the Governor to enforce them.

xico State nment reciprocal recognition of interstate authority

he fact that states have varying criminal and civil laws, as well as a specific set of regulations relating to licensing, taxation, and business it is important there exists somewhere in the federal code a mandate for reciprocal recognition of interstate authority. This means that people married in the Commonwealth of Kentucky will be recognized as a married couple in New Mexico. The value of this concept was foreseen by our founding fathers and therefore, guaranteed in article 4 of the U.S. Constitution. The Full Faith and Credit clause requires that states honor each otherâ&#x20AC;&#x2122;s public acts, records, and judicial proceedings.

Each date understands the unconstitutional nature of state laws authored in conflict with the U.S. Constitution or federal statutes. The converse is also true. The federal government is recognized to have authority beyond those of individual state governments in fact, the federal government has the authority to allow states the latitude of passing bills that contained language more rigorous than those contained in federal statutes. For instance New Mexicoâ&#x20AC;&#x2122;s laws prohibiting job discrimination (the practice of employer denying employment to a person or persons based upon class: race creed or color) are more comprehensive and set constraints additional to those of the federal statute. Because the state law goes further in its regulation of the workplace than the federal law, the state law is allowed to take precedence in New Mexico. This also means that state officials have the power to enforce employment regulations. So in this case, goals of the federal government are being met and exceeded, therefore the federal government is willing to leave management of this issue to

New Mexico.

Many of the functions of the federal and state governments are little known or are little understood by the people in whose name these actions are carried out. In order to perhaps add some balance to an otherwise frequently opaque system of government, we have a level of public administration that effects each of us in ways that we immediately see touch and feel: local government.

This may be seen as the grassroots level of local politics. An arena where the management of public business at the municipal level, which includes towns, cities and counties. Governments at this stage pass and enforce local traffic regulations, deal with animal control and trash pickup while handling associated issues such as zoning.

In the end, local government must also interface with legislation on the state and federal level. In the same way that federal and state governments must be careful about constitutional infringement, local ordinances must also work within the framework of state and federal law. This is to say, among other things, that local laws and regulations must be careful not to violate the rights of citizens guaranteed by either the state and US constitutions.

how a bill becomes law

hat is the process by which bills are considered and laws enacted? Are you as a constituent allowed to recommend an idea which if enacted might solve a problem that relates to public policy? If so what is the process by which this could happen?

The introduction and consideration of bills is commonly referred to as the Legislative Process. The New Mexico State Legislature is made up of two houses: the Senate and the House of Representatives. There are 42 Senators and 70 Members of the House representing the people of the State of New Mexico. The Legislature has a legislative calendar containing important dates of activities during its two-year session.

Ideas The process begins when a Senator or House Member decides to author a bill. The idea for which can arise in any number of ways, the suggestion of a constituent, a lobbyist, a legislative aide, or from a concern of the politician.

The Author A Legislator sends the idea for the bill to the Legislative Counsel where it is drafted into language that will be contained in the bill. The draft of the bill is returned to the Legislator for introduction. If the author is a Senator, the bill is introduced in the Senate. If the author is a Member of the House, the bill is introduced in the House.

First Reading/Introduction A bill is introduced or read the first time when the bill number, the name of the author, and the descriptive title of the bill is read on the floor of the house. The bill is then sent to the Office of State Printing. No bill may be acted upon until 30 days has passed from the date of its introduction.

Committee Hearings The bill then goes to the Rules Committee of the house of origin where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned to policy committees according to subject area of the bill. For example, a Senate bill dealing with health care facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require the expenditure of funds must also be heard in the fiscal committees: Senate Appropriations or House Appropriations. Each house has a number of policy committees and a fiscal committee. Each committee is made up of a specified number of Senators or House Members.

During the committee hearing the author presents the bill to the committee and testimony can be heard in support of or opposition to the bill. The committee then votes by passing the bill, passing the bill as amended, or defeating the bill. Bills can be amended several times. Letters of support or opposition are important and should be mailed to the author and committee members before the bill is scheduled to be heard in committee. It takes a majority vote of the full committee membership for a bill to be passed by the committee. Each house maintains a schedule of legislative committee hearings. Prior to a billâ&#x20AC;&#x2122;s hearing, a bill analysis is prepared that explains current law, what the bill is intended to do, and some background information. Typically the analysis also lists organizations that support or oppose the bill.

how a bill becomes law Second and Third Reading Bills passed by committees are read a second time on the floor in the house of origin and then assigned to third reading. Bill analyses are also prepared prior to third reading. When a bill is read the third time it is explained by the author, discussed by the Members and voted on by a roll call vote. If a bill is defeated, the Member may seek reconsideration and another vote.

Repeat Process in the House Once the bill has been approved by the house of origin it proceeds to the other house where the procedure is repeated.

an executive signature, or veto it. A governorâ&#x20AC;&#x2122;s veto can however be overridden by a two thirds vote in both houses. Most bills go into effect on the first day of January of the following year. Urgency measures take effect immediately after they are signed or allowed to become law without signature.

New Mexico Law Bills that are passed by the New Mexico State Legislature and approved by the Governor are assigned a chapter number by the Secretary of State. These Chaptered Bills (also referred to as Statutes of the year they were enacted) then become part of the New Mexico Codes. The New Mexico Codes are a comprehensive collection of laws grouped by subject matter.

Resolution of Differences If a bill is amended in the second house, it must go back to the house of origin for concurrence, which is agreement on the amendments. If agreement cannot be reached, the bill is referred to a two house conference committee to resolve differences. Three members of the committee are from the Senate and three are from the House. If a compromise is reached, the bill is returned to both houses for a vote.

Executive Powers If both houses approve a bill, it then goes to the Governor. The Governor has three choices. He or she may sign the bill into law, allow it to become law without

The New Mexico Constitution sets forth the fundamental laws by which the State of New Mexico is governed. All amendments to the Constitution come about as a result of constitutional amendments presented to the people for their approval. This process is known as a referendum, and may be a component of either a general election or special

the legislative process

Prlimentary Proceedure

he procedure by which bills are introduced, considered and either rejected or voted into law by the New Mexico State Legislature is known as the parliamentary procedure. These rules are, for the United States and Canada, outlined in a set of rules known as the Standard Code of Parliamentary Procedure.

The United States House of Representatives, the Senate and all the other 99 state legislative chambers in this country (that is a House and Senate the for each state with the exception of Nebraska which has a unicameral legislature) use a standard reference book on parliamentary procedure which is modified through special rules of order that sets procedure for legislative decisions regarding nominations, voting, disciplinary action, appeals, and the drafting of charters, constitutions and bylaws.

ture is bicameral, which means that it is made up of two deliberative bodies: the Senate and House of Representatives. Together these two legislative units are comprised of 112 members, 42 members of the Senate and 70 Representatives in the House.

Genesis of a Bill The legislative process begins when a Senator or House Member makes the decision to author a bill. The idea for a bill can come about in a number of ways. It may be as simple as the suggestion of a constituent concerned enough about an issue to bring it to the attention of his congressional representative, or it may come from suggestions advanced by paid advocates, or lobbyists interested in shaping legislative content important to them.

Frequently a bill finds its genesis in the sincere desire of a politician to shape public policy in a way that he or she believes will benefit a majority of his or her constituents.

Under the terms of mandates established by the New Mexico Constitution, the New Mexico State Legisla-

New Mexico House of Representatives

the legislative process Committee Hearings

he bill then goes to the Rules Committee of the house of origin where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned to policy committees according to subject area of the bill. For example, a Senate bill dealing with health care facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require the expenditure of funds must also be heard in the fiscal committees: Senate Appropriations or House Appropriations. Each house has a number of policy committees and a fiscal committee. Each committee is made up of a specified number of Senators or House Members.

During the committee hearing the author presents the bill to the committee and testimony can be heard in support of or opposition to the bill. The committee then votes by passing the bill, passing the bill as amended, or defeating the bill. Bills can be amended several times. During this deliberative process constituents can have some impact on the legislative initiative through letters, e-mails, telephone calls, and in person visits by people who either support or oppose the proposed legislation. For greatest effect correspondence or personal visits should be to the author of the bill as well as committee members before the bill is scheduled to be heard in committee. Because it takes a majority vote of the full committee membership for a bill to be passed by the committee, this can be a very effective place to exert influence.

Bills which are before the New Mexico State Legislature may be found on the web at http://legis.state.nm.us/LCS/ BillFinder.aspx , and are indexed under general headings such as education, elections, law enforcement, motor vehicles and water and water rights to name a few.

Lobbyists are people who are as a rule paid to influence not only the outcome of bills that are introduced in the Congress, but they frequently meet with legislators to make suggestions relating to the content off legislative proposals.

Because of its ability to influence the outcome of political campaigns, there is the perception that money spent by corporations and other special interests in election campaigns can have a significant impact on bills that are introduced and ultimately passed at virtually all levels of government.

Each house maintains a schedule of legislative committee hearings. Prior to a billâ&#x20AC;&#x2122;s hearing, a bill analysis is prepared that explains current law, what the bill is intended to do, and some background information. Typically the analysis also lists organizations that support or oppose the bill.

The Legislative Counsel While some representatives in the statehouse have had legal training, many have not, it is therefore important to have the language contained in the bill reviewed by the Legislative Counsel. Members of this council are lawyers who examine the content and language of the draft and adapt the thoughts into the legal structure to

be contained in the formal bill presented for legislative consideration. The draft of the bill is then returned to itâ&#x20AC;&#x2122;s author for introduction. If the legislator is a Senator, the bill is introduced in the upper House. If the author is a Member of the House of Representatives, the bill is introduced in the House for consideration.

The Legislative Process Review Questions 1. LAWS WHICH HAVE STANDING IN ONE COUNTRY MAY NOT NECESSARILY RECOGNIZED ANOTHER. HOWEVER, LAWS WHICH ARE CREATED AT THE STATE LEVEL ARE RECOGNIZED THROUGHOUT THE UNITED STATES. EXPLAIN THIS CONCEPT.

LAWS REGULATING CRIME, TAXES LICENSING AND REGULATION OF BUSINESSES ARE CHARTERED WITH INHERENT RECIPROCAL RECOGNITION BASED ON ARTICLE 4 OF THE U.S. CONSTITUTION. THE FULL FAITH AND CREDIT CLAUSE REQUIRES STATES TO HONOR EACH OTHER’S PUBLIC ACTS, RECORDS AND JUDICIAL PROCEEDINGS.

2. COMPARE AND CONTRAST STATE AND FEDERAL LAW.

FEDERAL LAW HAS JURISDICTION OVER ALL 50 STATES WHILE STATE LAWS ARE LIMITED TO JURISDICTION OVER THE STATE OF ORIGIN.

3. DIFFERENTIATE BETWEEN THE TWO AND HYPOTHESIZE A SITUATION WHERE STATE LAW MIGHT TAKE PRECEDENT OVER FEDERAL STATUTE.

IT IS UNCONSTITUTIONAL FOR LAWS ON THE STATE LEVEL TO BE WRITTEN WHICH ARE IN CONFLICT WITH THE U.S. CONSTITUTION OR FEDERAL STATUTES. NEVERTHELESS IT IS POSSIBLE FOR STATE LAW TO TAKE PRECEDENT WITHIN THE STATE, PROVIDED THE STATE STATUTE IS MORE RIGOROUS IN ITS MANDATES THAN THAT OF THE FEDERAL STATUTES.

AN EXAMPLE OF NEW MEXICO’S STATUTE WHICH WOULD TAKE PRECEDENT OVER FEDERAL LAW RELATES TO JOB DISCRIMINATION. THE MORE RIGOROUS CONSTRAINTS OF NEW MEXICO’S STATUTE ALLOWS IT TO TAKE PRECEDENT WITHIN NEW MEXICO OVER THE RELATIVELY WEAKER FEDERAL STATUTE DENYING JOB DISCRIMINATION.

3. IDENTIFY THE TYPE OF STATUTE THAT WOULD FALL WITHIN THE JURISDICTION OF A CITY OR COUNTY GOVERNMENT.

ANSWER: LOCAL TRAFFIC REGULATIONS, ANIMAL AND TRASH CONTROL, COMMERCIAL AND RESIDENTIAL ZONING LAWS

4. CONSTRUCT A HIERARCHY WHICH EXPLAINS THE GOVERNMENTAL INTERFACE BETWEEN FEDERAL, STATE AND LOCAL GOVERNMENTS.

THE FEDERAL GOVERNMENT HAS ALSO POWER OVER STATE AND LOCAL GOVERNMENT, BUT POWERS ARE DIVIDED SUCH THAT THERE IS CONSIDERABLE LOCAL AUTONOMY. NONETHELESS IT WOULD BE UNCONSTITUTIONAL FOR A STATE LAW TO CIRCUMVENT THE EFFECTIVENESS OF FEDERAL LAW.

how to write a bill How to Write A Bill Once you’ve established the issue which you wish to address through the formulation and passage of your bill, it is time to begin the necessary research. This should include but is not limited to examination of peripheral issues that could be arise either positively or negatively by the enactment of your proposal. The next step is getting your bill ready for discussion in committee, this step includes consideration of both format and language contained in the bill. A well-crafted bill should have three parts:

Preamble This section should provide your reasons for the necessity of your bill. Why is your topic something that should be addressed by the government? This section’s clauses should always begin with a “Whereas...“

Body This section should be separated into sections and subsections. Each proposed idea for the implementation of the bill should be a section. Subsections should be used to provide further detail and clarification (definitions, etc.) for their appropriate bill sections.

Enactment Clause This is the final section of the bill (and can be labeled as a section as normal). This is a mandatory component of every bill. The enactment clause tells your fellow congressmen when your bill will take effect if passed. It may specify a future date (September 30, 2012) or a certain number of days following the passage of the bill (60 days after passage). Enactment dates within 30 days of passage are used for EMERGENCY legislation only. Enactment dates more than 90 days after passage is common for most legislation and is the enactment period for standard legislation.

Committee: Principal Author: Bill No: Delegation: Title of Bill: Freedom of Marriage Act Be It Enacted By The New Mexico Model Congress Preamble: Whereas same-sex civil unions are legal only in California, Hawaii and Vermont, and since same-sex marriage is only legal in Massachusetts, and since marriage is currently defined as a union between a man and woman, and since the Defense of Marriage Act prevents same-sex couples from receiving family health coverage, medical and bereavement leave, child custody, tax benefits and pension plans, and since the Supreme Court declared marriage as a fundamental right under the Constitution, SECTION 1: Let the definition of marriage be only a legal union between one man and one woman, one man and one man and one woman and one woman. SECTION 2: Let married couples, as defined in SECTION 1, and persons in a civil union receive all rights and benefits reserved for married couples under the definition of marriage in the Defense of Marriage Act. SECTION 3: Let same-sex couples receive equal opportunity, privilege and right to adopt a child. SECTION 4: Let states receive increased federal funding. Sub-SECTION A: 15% increase in highway funding and 10% increase in adopting SECTION 1 Sub-SECTION A: 15% increase in highway funding and 15% increase in SECTION 2 Sub-SECTION A: 5% increase in highway funding and 2% increase in TION 3 SECTION 5: This bill shall go into effect 91 days after passage.

discretionary funding when

discretionary funding when adopting discretionary funding when adopting SEC-

New Mexico law

SENATE JOINT RESOLUTION 149TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2010 INTRODUCED BY William E. Sharer

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 20 OF THE CONSTITUTION OF NEWMEXICO TO DEFINE A RECOGNIZED, VALID MARRIAGE AS BETWEEN ONE MAN AND ONE WOMAN. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. It is proposed to amend Article 20 of the constitution of New Mexico by adding a new section to read: “Marriage in this state shall consist only of the union of one man and one woman.“

Section 2. The amendment proposed by this resolution shall be submitted to the people for approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose..180345.1

How a Bill Becomes Law Review Questions

1. WHAT ACTIVITIES OCCUR CONCURRENT WITH THE THIRD READING OF THE BILL?

ANSWER: ONCE DURING THE THIRD READING OF THE BILL, THE LAW IS FREQUENTLY EXPLAINED BY THE AUTHOR AND DISCUSSED BY MEMBERS OF THE HOUSE. AFTER THE CLOSE OF DISCUSSION, UNLESS THERE ARE PARLIAMENTARY DELAYS, THE BILL CAN THEN BE VOTED ON.

2. AFTER BILL IS THEN INTRODUCED AND PASSED IN THE HOUSE, WHAT HAPPENS NEXT?

ANSWER: ONCE THE BILL THEN MOVES TO THE SENATE WHERE PROCEDURE IS REPEATED. IF THE SENATE FINDS ITSELF IN DISAGREEMENT WITH THE COMPONENTS OF THE BILL THERE MAY BE A JOINT COMMITTEE MEETING WHERE MEMBERS OF THE HOUSE AND SENATE DISCUSS AMENDING THE BILL IN SUCH A WAY TO BECOME SUCCESSFUL TO BOTH LEGISLATIVE BODIES.

3. DESCRIBE ACTIONS AVAILABLE TO LEGISLATORS IN THE EVENT THAT AMENDMENTS CANNOT BE AGREED UPON BETWEEN THE TWO HOUSES.

ANSWER: ONCE IN THE EVENT THAT AN AGREEMENT CANNOT BE REACHED IN COMMITTEE, A CONFERENCE COMMITTEE OF BOTH HOUSES WOULD THEN MEET TO WORK OUT DIFFERENCES. THIS IS TYPICALLY A COMMITTEE COMPRISED OF THREE MEMBERS FROM EACH HOUSE. ONCE A BILL EMERGES FROM THE JOINT COMMITTEE IS RETURNED TO THE HOUSE SENSE FOR A FLOOR VOTE.

4. HYPOTHESIZE A SITUATION WHERE YOU HAVE INTRODUCED A BILL THAT HAS NOT BEEN RECONCILED IN JOINT COMMITTEE. DESCRIBE YOUR OPTIONS. WHAT MIGHT YOU DO IN ORDER TO ADVANCE YOUR PROPOSAL TO THE GOVERNOR’S DESK?

ANSWER: OPTIONS WILL VARY BUT IT WOULD NOT BE UNREASONABLE TO CONSIDER THE ARGUMENTS OF THOSE OPPOSED TO THE PASSAGE OF A BILL THAT CONSIDER COMPROMISE IN THE FORM OF A LANGUAGE OR CONTENT.IT WOULD ALSO BE REASONABLE TO PERHAPS MEET WITH COSPONSORS AND SUPPORTERS TO SEE IF THEY WOULD BE INTERESTED IN SUPPORTING THESE CHANGES. PERHAPS OF GREATEST IMPORTANCE IS THE JOB OF A POLITICIAN TO PERSUADE COLLEAGUES IN THE OPPOSITION TO RECONSIDER THEIR PERSPECTIVE BY OFFERING ADDITIONAL INFORMATION INSIGHT AND RATIONALE.

5. WHAT IF YOUR BILL COMES OUT OF CONFERENCE AND PASSES BOTH HOUSES BUT DOES NOT RECEIVE THE GOVERNOR’S SIGNATURE?

ANSWER:A BILL MAY STILL BECOME LAW WITHOUT THE SIGNATURE OF THE GOVERNOR.

6. DESCRIBE THE FATE OF A BILL, PASSED IN SPECIAL SESSIONS OF THE HOUSE AND SENATE, TO DEAL WITH AN UNFORESEEN EMERGENCY SITUATION, DURING WHICH THE CHIEF EXECUTIVE IS INCAPACITATED.

ANSWER: EMERGENCY MEASURES ARE ALLOWED TO TAKE EFFECT IMMEDIATELY, WITHOUT THE SIGNATURE OF THE GOVERNOR.

1. WHAT ARE THE THREE OPTIONS AVAILABLE TO THE GOVERNOR ONCE A BILL REACHES HIS DESK?

ANSWER: ONCE A BILL HAS PASSED THE LEGISLATIVE BRANCH THE GOVERNOR HAS THREE OPTIONS: HE CAN EITHER SIGN THE BILL INTO LAW, OR IF THE BILL HAS LIMITED PUBLIC SUPPORT AND THE GOVERNOR SEES LITTLE POLITICAL ADVANTAGE TO ASSOCIATING HIS ADMINISTRATION WITH THE PASSAGE OF THE BILL HE MAY ALLOW THE BILL TO BECOME LAW WITHOUT HIS SIGNATURE. FINALLY IT IS THE PREROGATIVE OF THE CHIEF EXECUTIVE TO VETO A BILL .

2. DESCRIBE THE CIRCUMSTANCES BY WHICH A BILL CAN BECOME LAW DESPITE A VETO FROM GOV.

ANSWER: ONCE THE BILL HAS BEEN VETOED BY THE GOVERNOR, IT MAY BE RETURNED TO THE HOUSE AND SENATE FOR A VETO OVERRIDE. THIS PARLIAMENTARY PROCEDURE REQUIRES A TWO THIRDS MAJORITY IN BOTH HOUSES IN ORDER TO SUCCESSFULLY OVERTURN THE GOVERNOR’S VETO.

3. BILLS THAT ARE PASSED BY THE NEW MEXICO STATE LEGISLATURE, AND SIGNED INTO LAW BY THE GOVERNOR ARE ASSIGNED A CHAPTER NUMBER BY THE

GOV. LEGISLATURE SECRETARY OF STATE SUPREME COURT

4. CHAPTERED BILLS ARE ALSO KNOWN AS

A. CONSTITUTIONAL AMENDMENTS B. THE NEW MEXICO CODE C. STATUTES D. FEDERAL LAW

5. WHAT IS THE PROCEDURE BY WHICH THE STATE CONSTITUTION MAY BE AMENDED?

ANSWER: REFERENDUM

6. WHO DECIDES WHETHER AN AMENDMENT IS AN ACCEPTABLE MODIFICATION TO THE STATE CONSTITUTION?

ANSWER: VOTERS HAVE THE OPTION TO ACCEPT OR REJECT A REFERENDUM WHICH IS TYPICALLY OFFERED AT

7. DEFINE THE PROCEDURE BY WHICH THE NEW MEXICO STATE LEGISLATURE CONDUCTS ITS LEGISLATIVE BUSINESS.

ANSWER: PARLIAMENTARY PROCEDURE

8. CLASSIFY THE NEW MEXICO STATE LEGISLATURE:

A. THE NEW MEXICO STATE LEGISLATURE IS A BICAMERAL BODY

B. THE NEW MEXICO STATE LEGISLATURE AS A UNICAMERAL BODY

9. WHAT IS THE PROCESS BY WHICH PARLIAMENTARY PROCEDURE MAY BE MODIFIED?

ANSWER: SPECIAL RULES OF ORDER

10. WHAT ARE LEGISLATIVE PROCEDURES SUBJECT TO MODIFICATION UNDER THE TERMS OF THIS PROCESS?

ANSWER: ONCE SPECIAL RULES OF ORDER MAYSET PROCEDURE FOR VOTING, DISCIPLINARY ACTION, APPEALS, AND THE DRAFTING OF CHARTERS CONSTITUTIONS AND BYLAWS.

11. IT IS CRITICALLY IMPORTANT THAT THE IDEA FOR A BILL HAS ITS GENESIS IN THE SPECIAL RULES COMMITTEE IN ORDER TO ENSURE FIDELITY TO THE NEW MEXICO STATE CONSTITUTION.

TRUE FALSE

ANSWER: AN IDEA FOR PROPOSED BILL CAN COME FROM ANYONE WITH AN INTEREST IN SHAPING LEGISLATION AND PUBLIC POLICY, A CONSTITUENT, LEGISLATOR OR LOBBYIST.

1. WHAT ARE THE NAMES OF TWO HOUSES INVOLVED IN THE LEGISLATIVE PROCESS FOR THE STATE OF NEW MEXICO.

ANSWER: ONCE ANSWER: HOUSE OF REPRESENTATIVES, SENATE

2. WHEN BOTH LEGISLATIVE HOUSES ARE IN SESSION, HOW MANY REPRESENTATIVES ARE PRESENT IF NO LEGISLATORS ARE ABSENT?

ANSWER: 112

3. FORMULATE ONE SCENARIO BY WHICH A BILL MAY BE SUGGESTED AND SENT TO THE LEGISLATIVE COUNCIL.

ANSWER: WHILE ANSWERS WILL VARY BILLS GENERALLY ARISE AS THE RESULT OF OBSERVATION THE PUBLIC NEED WHICH IS EXPRESSED EITHER BY A CONSTITUENT, A LOBBYIST OR SOMEONE WITH AN INTEREST IN AUGMENTING OR CHANGING EXISTING PUBLIC POLICY.

4. WHY WOULD THE LEGISLATIVE COUNCIL REVIEW A BILL BEFORE IT IS SENT TO THE HOUSE OR SENATE FOR CONSIDERATION?

ANSWER: THE LEGISLATIVE COUNCIL MAY BE THOUGHT OF AS LEGAL COUNSEL TO THE HOUSE AND SENATE, WHOSE JOB IT IS TO ADVISE AGAINST THE CONSIDERATION OF BILLS WHICH WOULD BE SEEN AS UNCONSTITUTIONAL OR CONTRARY TO PREVIOUSLY ENACTED LAWS.

5. NAME EACH OF THE THREE CHOICES AVAILABLE TO THE GOVERNOR WHEN A BILL ARRIVES AT HIS DESK.

ANSWER: THE GOVERNOR HAS THREE OPTIONS; HE CAN SIGN THE BILL INTO LAW, OR DO NOTHING, WHICH WOULD ALLOW THE BILL TO COME BECOME LAW WITHOUT HIS SIGNATURE, OR THE GOVERNOR TO VETO THE BILL IN WHICH CASE IN WHICH CASE THE LEGISLATIVE BODY HAS THE OPTION OF VOTING AGAIN ON THE BILL IN AN ATTEMPT TO OVERRIDE THE VETO WITH A TWO THIRDS MAJORITY.

6. HOW WOULD YOU SUPPORT THE DECISION OF THE FRAMERS OF THE NEW MEXICO CONSTITUTION, IN THEIR DECISION TO ALLOW AN OVERRIDE OF AN EXECUTIVE VETO.

ANSWER: ANSWERS WILL VERY THOUGH AN ARGUMENT WHICH FINDS FAVOR WITH THE THEORY THAT, CONSISTENT WITH THE FUNDAMENTAL PRINCIPLE OF DEMOCRATIC RULE, A CLEAR MAJORITY IN THE LEGISLATURE SHOULD HAVE THE CAPACITY TO OVERRIDE THE JUDGMENT OF A PERSON OCCUPYING THE GOVERNOR’S OFFICE.

7. HOW ARE NEW MEXICO CODES CLASSIFIED?

ANSWER: NEW MEXICO CODES ARE CLASSIFIED IN TERMS OF SUBJECT MATTER.

8. YOU ARE A DULY ELECTED MEMBER OF THE NEW MEXICO SENATE. YOUR PURPOSE IN RUNNING FOR YOUR SENATE SEAT WAS THE ENACTMENT OF THE PIECE OF LEGISLATION WHICH YOU BELIEVE TO BE OF VITAL IMPORTANCE. SUMMARIZE THE UNDERLYING PROBLEM, OR PROBLEMS, AND OUTLINE THE MEANS BY WHICH YOUR BILL WILL SOLVE THESE PROBLEMS. CONSIDER ALSO THE CONSTITUENCY THAT IT’S DESIGNED TO HELP.

ANSWER: ANSWERS WILL VARY DEPENDING UPON STUDENTS PRIORITIES IN THIS POSITION, BUT COLLABORATION, IN CONJUNCTION WITH THE ABILITY TO MODULATE ONE’S LEGISLATIVE INITIATIVES SUCH THAT COLLEAGUES MAY HE ALLOWED TWO OFFER AMENDMENTS TO A PROPOSAL, WHILE NOT LOSING SIGHT OF THE INITIATIVES FUNDAMENTAL TO THEORIGINAL PROPOSAL.

9. APPOINT A MEMBER OF YOUR CLASS TO BE THE LEGISLATIVE COUNCIL. THIS IS THE PERSON WHO WILL REWRITE, AND SUMMARIZE YOUR PROPOSAL ADDING ANY AMENDMENTS WHICH HAVE BEEN MADE. WHEN THE BILL IS WRITTEN IN SUCH A WAY THAT YOU AND YOUR COSPONSORS ARE SATISFIED WITH IT, YOU MAY PRESENT IT TO THE GENERAL ASSEMBLY, I.E. YOUR CLASS. THIS IS PERHAPS THE TOUGHEST PART OF YOUR JOB, CONVINCING A MAJORITY OF YOUR COLLEAGUES TO VOTE FOR YOUR BILL.

NOTES

New Mexico State government The executive branch

esponsibilities associated with the executive branch of the State Government in New Mexico do not rest solely on the shoulders of the Governor. New Mexico is known as a plural executive state, which means that while the Governor heads the executive branch, his powers are shared with other elected officials who also have specific executive authority. These officials include the Lieutenant Governor, who is slated to run at the head of the party ticket with the Governor, and officials who run separately, including the Secretary of State, the State Auditor, State Treasurer, the Attorney General, and the Commissioner of Public Lands. There are also five public regulation commissioners, and 13 district attorneys who also have specific executive powers.

The District Attorneys occupy a curious status in that, while members of the executive branch there also lawenforcement officers with specific set of powers and responsibilities. Each member of the state executive branch has a specific set of powers and responsibilities, but they all serve similar four year terms with the additional constraint that only two terms may be served consecutively.

According to the terms of the New Mexico state Constitution; any vacancy occurring in any state office except that of the lieutenant governor and a member of the state legislature can be filled only by appointment made by the Governor. Such an appointee may hold o f -

fice only until a successor is elected during the next General election cycle.

The line of succession to the head of the executive branch is defined constitutionally both federally and at the state level. Under the terms of the Constitution of New Mexico the line of succession to the governorship is defined as follows:

In case the Governor is absent from the state, or it is for any reason unable to perform his duties, the lieutenant governor shall act as governor, with all powers, duties and emoluments of that office until such disability be removed. In case there is no lieutenant governor â&#x20AC;Ś then the Secretary of State shall perform the duties of the governor, and in case there is no Secretary of State, then the president pro tem of the Senate or in case there is no president pro tem of the Senateâ&#x20AC;Ś then the speaker of the house shall succeed to the office of Governor or act as governor as herein before provided.

-Article 5 section 7 New Mexico Constitution.

New Mexico Statehouse

New Mexico state government Executive branch Lieutenant Governor Within the strictures of the executive branch of the New Mexico state government the Lieut. Gov. serves as second in command to the governor, and as such, has a unique set of responsibilities, including that of president of the Senate. This position is for the most part non-legislative, but as is the case with the vice President of the United States, in the event of a deadlocked in the Senate, he is empowered to cast the deciding vote.

service marks that have specific application in New Mexico. Under the Uniform Commercial Code and the Agricultural Filings Act, records of loans secured through financial institutions with the use of collateral must be filed with the office of the Secretary of State.

Finally, anyone wishing to serve as a notary public must apply to be Secretary of Stateâ&#x20AC;&#x2122;s office to receive that designation.

Attorney General As a member of the executive Cabinet, the Lieutenant Governor is also charged with facilitating and promoting cooperation between citizens of New Mexico and various state agencies.

Secretary of State The office of Secretary of State is another elected office in the executive branch, constitutionally charged as the second in line of succession to the office of Governor behind the Lieutenant Governor. The most prominent role of the Secretary of State is that of the chief election officer. In this role the secretary has jurisdiction over the state election process which includes responsibility for the maintenance of voter rolls and voting machines.

Under the terms of a 1993 bill called the Governmental Ethics Acts, the Secretary of State assumes the role of governmental ethics regulator. In this capacity the Secretary of State is charged with regulating lobbyist activity including the reporting of campaign finances by candidates for public office and political action committees. Another component of the Governmental Ethics Acts is the Governmental Conduct Act. Under the terms of this act each public official elected to state wide office is required to file a general code of conduct for employees under their supervision. This information resides with the Secretary of State.

Other records kept by the Secretary of State include commercial and industrial records, including trademarks and

The duties of the Attorney General are varied. At once fifth in succession to the office of Governor, the Attorney General also represents the state before any courts are agencies when the public interest is at stake. The Governor may also request the services of the Attorney General in determining legal protocol, and is frequently called upon by the legislature to render opinion relative to drafts of pending bills. The Attorney General is also charged with prosecuting and defending all causes in the Supreme Court, Court of Appeals or any other court or tribunal in which the state is a party or is interested. He or she also prosecutes and defends all actions and proceedings that involve the official capacity of state employees.

In addition to all of the above the Attorney General is also the legal adviser to the lieutenant governor, secretary of state, and upon request may provide legal assistance in the enforcement of provisions of the Governmental Conduct Act and Election Code.

State Auditor The sixth in succession to the office of governor is the state auditor. He or she is a statutory member of the State Commission of Public Records and as such is charged with ensuring that the financial affairs of every state and local entity are thoroughly examined and audited each fiscal year. These annual records are a matter of public record and available online.

he New Mexico judicial branch

he New Mexico State Judicial Branch consists of a Supreme Court, an Appeals Court, District Courts, Probate Courts, Magistrate Courts, and other inferior courts as established by the New Mexico Constitution and state statutes.

The highest court at the state level is the New Mexico Supreme Court. The state Supreme Court is composed of a Chief Justice and four Associate Justices. As is the case with the US Supreme Court, this is the court of last resort for both civil and criminal trials and appeals brought within the jurisdiction of the state of New Mexico. The court also has superintendant control overall inferior courts and attorneys licensed in the state.

Supreme Court is charged with all appeals relating to criminal matters in which the sentence imposed is either life in prison or the death penalty; (New Mexico repealed the death penalty by executive order during the Richardson administration, it has subsequently been reinstated under the Martinez administration in 2011) the Appeals Court, created to take over some of the supreme courtâ&#x20AC;&#x2122;s caseload, is composed of 10 judges. All jurists in this court are elected for eight-year terms.

The state Supreme Court is also compelled to hear appeals from The Public Regulation Commission, and questions involving nominations that are being challenged and public officials who are about to be removed from public office through impeachment.

Just below the New Mexico Supreme Court is the New Mexico Court of Appeals. This Court has offices in Santa Fe and Albuquerque in which 10 judges preside. Each case to come before this court is heard by a select panel of three of those justices. This Court has jurisdiction in civil, juvenile, and criminal cases where the death penalty is not an issue. The court also has discretionary jurisdiction in interlocutory cases, or cases where a determination is issued provisionally during a lawsuit.

Below the Court of Appeals is the New Mexico District Court. This Court has 13 districts throughout the state, and 72 judges preside, each elected to a six-year term. This Court is empowered to hear civil cases such as tort, contract, and real property rights. The court also handles domestic relations cases as well as some criminal and juvenile appeals. District courts have unlimited general jurisdiction and are commonly referred to as trial courts.

Below the District Court is the Magistrate Court of New Mexico, here 66 judges preside and there are 54 magistrate courts throughout the state. These are courts of limited jurisdiction. They also serve as courts of review for decisions of lower courts and administrative agencies. Civil cases including tort contract, and landlord tenant rights record has jurisdiction up to an amount of $10,000 . The magistrate court also has jurisdiction over the preliminary hearings in felony cases, misdemeanors, DWI and other traffic violations.

City, or Municipal Courts throughout the state seat 82 judges in 80 courts. Once again these courts are limited jurisdiction and hear no jury trials they do consider petty misdemeanors DWI traffic violations and other municipal ordinance violations.

Finally there are the New Mexico Probate Courts. These courts seats 33 judges in 33 counties. Once again these courts are of limited jurisdiction and hear no jury trials. Concerned with questions of informal probate court only considers issues relative to uncontested estates.

the Mexico state legislative branch

very state has a legislative branch. But New Mexico is unique in that its legislature may truly be said to be comprised of citizens from every discipline and corner of the state. This is because none of its 112 members – 42 state senators and 70 state representatives – is paid a salary. Each legislator receives a per diem allowance and a mileage reimbursement which is set by the people of the state according to terms laid out in the state Constitution. The amount of the allowance is however amended from time to time by popular vote. One of the important qualities which this system creates in our state legislature is a deliberative body comprised of people who work throughout the course of a year at nongovernmental jobs. This system was designed such that the practical experience derived from a normal daily life in New Mexico would result in legislation more closely aligned to the needs of a majority of the state’s citizens then would result if the legislature were comprised of professional politicians. The legislative sessions themselves are also somewhat unusual. The state legislature convenes every year for 60 calendar days in the odd number years; and for 30 calendar days in the even numbered years. The shorter session is constitutionally restricted to fiscal matters, and deals with only with issues introduced by the Gov. or with bills passed in the previous session but subsequently vetoed by the governor. Under normal circumstances the Senate is presided over by the Lt. Gov. In his or her absence the President Pro Tempore, a legislator elected by the Senate, chairs the floor sessions of each house. Other important leadership positions include the majority and minority leaders, majority and minority whips, and the majority and minority Caucus Chairman all of whom are elected by the respective party

caucuses. People elected to these high profile positions are expected to drive the political and legislative agendas of their respective parties throughout the course of the legislative sessions. In addition to regular sessions, special sessions may be called by the Governor at any time. There are also certain circumstances under which the legislature may call itself into sessions. These are known as “Extraordinary” sessions. At the beginning of each legislative session committees are formed and members are appointed. In the House of Representatives, Speaker of the House of points committee members and committee chairman. In the Senate the appointments are made by the Senate committees committee. This body includes members of the leadership in the Senate. A legislator can serve on as many as three committees, though most members only serve on only two. This is especially true if the member is a committee chairman. There are three standing permanent committees that include members of both houses, and to serve the legislature year-round. They are the Legislative Council Service, the Legislative Finance Committee, and the Legislative Education Study Committee. It is their job to provide ongoing professional staffing for research, bill drafting, fiscal and budgetary analysis, school research and general administration of the Legislature’s functions. Vacancies in the legislature are filled by appointment made by the appropriate county commission in the relevant district.

impeachment

mpeachment is a process which is authorized by the Constitution to bring charges against officials of the government on both the state and federal level. At the federal level, article 2, section 4, of the U.S. Constitution specifies that the President, Vice President and all civil officers of the United States, shall be removed from office upon impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. These civil officers include federal judges and cabinet members but did not include Senators and Representatives. The House and the Senate are authorized to deal with misconduct by their own numbers. The role of the House of Representatives in the impeachment under the Constitution. Article 1, section 2, of the Constitution specifies that the House of Representatives shall have the sole power of impeachment. This means that it has the power to bring charges against an elected official What is the Senate’s role in the impeachment process? Once impeached, high officials are tried by the Senate. Article 1 section 3 specifies that the Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two thirds of the members present. The serious nature of impeachment is reflected in the fact that the House of Representatives has only moved seriously to impeach 18 officials in more than 200 years, 13 of whom were

judges. Of the 13 only seven were convicted in the Senate. Impeachment is an important process in the role of checks and balances. Essentially what impeachment reflects a check by the legislative branch on the executive and judicial branches. It provides a way for the branch to deal with serious misconduct by judges and both elected and not elected officers of the executive branch.. Serious misconduct by Representatives and Senators are dealt with by those bodies both the House and the Senate have means by which they may investigate charges of misconduct against members. Sanctions include censure, reprimand. In 2005 subsequent to indictment, the New Mexico Legislature convened to consider whether or not to impeach state treasurer, Robert Vigil. In this case there were 21 felony charges of extortion, and videotapes showing the defendant accepting cash, “in exchange for the promise of future business” from the treasurer’s office. Prior to a decision, the treasurer submitted his resignation to the Governor. Members of the Democratic caucus within New Mexico state legislature convened to begin for impeachment proceedings against then President Bush and Vice President Cheney, under terms of the Jefferson manual, which are the rules used by the U.S. House to allow impeachment to begin at the state level.

NOTES

ative Americ

here has long been a substantial difference of opinion and in some cases genuine confusion related to questions of autonomy, power and jurisdiction when it comes to the sovereignty of tribal nations. Does this sovereignty grant them the same status as a foreign country might have? Are tribal laws set apart such that there is within a tribal council, absolute authority on tribal land? In 1973 a federal court reviewed the underlying principle of tribal autonomy in the case of the United States versus Blackfeet tribe. In this case the facts were relatively simple. The business Council for the Blackfeet tribe passed a resolution authorizing gaming (gambling) on reservation land. The council also authorized the licensing of slot machines. Upon learning of the acquisition of the devices, FBI agents entered tribal land and seized them. A tribal court then ordered the US Attorney to show cause why he should not be cited for contempt of tribal court. The US Attorney apply to federal court for an injunction to block the contempt citation. The Blackfeet tribal court replied that it is sovereign, and that itâ&#x20AC;&#x2122;s jurisdiction flows directly from tribal sovereignty. The federal court handed down an opinion which said in effect; that it did not dispute that Indian

tribes were at one time sovereign and are even now sometimes described as sovereign. The blunt fact is, however, an Indian tribe is sovereign to the extent that the United States permits it to be sovereign â&#x20AC;&#x201C; no more no less. (364 F Supp at 194)

The federal court went on to explain: While for many years the United States recognized some elements of sovereignty in the Indian tribes and dealt with them by treaty, Congress by Act of March 3, 1871 (16 Stat. 566, 25 U.S.C. s 71), prohibited the further recognition of Indian tribes as independent nations. Thereafter the Indians and the Indian tribes were regulated by acts of Congress. The power of Congress to govern by statute rather than treaty has been sustained. United States v. Kagama, 118 U.S. 375, 6 S.Ct. 1109, 30 L.Ed. 228 (1886). That power is a plenary power and in its exercise Congress is supreme. It follows that any tribal ordinance permitting or purporting to permit what Congress forbids is void. ... It is beyond the power of the tribe to in any way regulate, limit, or restrict a federal law officer in the performance of his duties, and the tribe having no such power the tribal court can have none.

can sovereignty

istorically the US government has seen Native American tribes as independent sovereign nations with seats of political power, and made treaties with tribes based upon their designation as legal entities. Frequently the same treaties would place the custodial authority with the Bureau of Indian affairs or BIA as reservations held in trust for the tribes. Citizenship was for the better

part of a century, considered an internal tribal matter. one telling aspect of this type of relationship is the fact that the Pueblo people were not granted US citizenship until 1924 and it was not until nearly a quarter century later in 1948 that the pueblos were finally granted the right to vote in state elections in New Mexico.

ribal gaming

ndian gaming was legitimized in 1976 by a Supreme Court ruling which highlighted tribal sovereignty in its decision to allow independence from governmental oversight. Because state and federal regulatory power are the primary legal mechanisms for controlling all forms of gambling, this Supreme Court decision proved pivotal in the legal controversy surrounding adjudication of this issue. Based on the assertion that gambling had been, historically, a part of many Indian cultural traditions, citings included; dice and shell activities, archery competitions and races, it was argued that sovereignty treaties with the US government had already accepted the proliferation of gambling on tribal lands. In addition, the federal government had in the 1980s begun to place high priority on Indian economic self-sufficiency. In 1987 the Supreme Court once again ruled in favor of legalized tribal gambling. In California v Cabazon Band of Mission Indians, the court held that has sovereign political entities; tribes could operate facilities free of state oversight or regulation. Additionally courts recognized that gaming could be used in a positive way to encourage tribal self-sufficiency and economic development. While initially seen as a victory for Native American tribes, the proliferation of casinos and their revenues, in conjunction with the need for infrastructure

improvements and maintenance, caused several states including New Mexico to consider ways of generating tax revenues based on proceeds generated by Indian gaming. Tribal governments fought these initiatives in a citing the need to both maintain tribal sovereignty and protect gaming revenues, which were vital to ongoing social welfare programs. Ultimately Congress responded with a set of compromises which evolved into the Indian Gaming Regulatory Act. This federal law divided tribal gambling into three classes and gave the FBI criminal jurisdiction. A series of subsequent court decisions led to passage of The Compact Negotiation Act, by the New Mexico Legislature in 1999. Over the course of the next eight years, various tribes settled disputes with the state of New Mexico and in 2007 final amendments were signed by all nine pueblos as well as two non-gaming tribes, allowing proceeds from gambling to be taxed.

Native American cultural properties

he Native American Graves Protection and Reparation Act is the federal law passed in 1990 requiring federal agencies and institutions that receive federal funding to return cultural items and human remains belonging to Native Americans to their respective people. Listed among the items included in this legislation are sacred objects as well as objects of cultural significance. The US government also allocated federal money to assist in the repatriation process. The legislation was passed for several reasons. One was a limitation on the statutory laws contained in the state codes. These laws typically regulated only marked graves. Native American graves were frequently unmarked and therefore did not fall under the protection which was provided by the statutes. Another important issue deals with First Amendment Rights. The First Amendment to the Constitution United States specifically addresses religious beliefs and practices. Since these are constitutionally protected rights , and Native American burial practices relate significantly to their religious beliefs when burial sites are disturbed it may be seen as an infringement on their First Amendment rights. based solely upon material returned to Native American tribes, the Graves Protection and Reparation Act may be judged as an unparalleled success. Since 1990 approximately 32,000 individuals have been returned to their respective tribes. In addition nearly 670,000 funeral objects 120,000 unassociated cultural items, and 3500 sacred objects have been quantified and returned. Additionally, because the act was written in such a way that it applies retroactively, the repatriation provision applies to remains or objects discovered at any time prior to the 1990 enactment of the statute. The

comprehensive language contained in the bill notwithstanding, there have been cases which seem to fall outside of the regulatory aspects of the bill. One such case involved a skeleton found in 1996. The Kennewwick Manâ&#x20AC;&#x2122;s great age meant that there was insufficient anthropological evidence connecting him to the four Native American tribes that each claimed the prehistoric man as their ancestor. Because of his antiquity, the remains have significant scientific value, nevertheless archaeologists have determined that the man is of Native American origin, and burial remains will ultimately be transferred. The New Mexico code has legislation dealing with the question of cultural artifacts. The 1978 statute â&#x20AC;&#x153;Cultural Properties Actâ&#x20AC;? established a cultural properties review panel. This seven-member committee consists of the state historian and six members appointed by the governor, each trained in architectural history, prehistoric archaeology, and historical archaeology. Under the terms of the legislation this committee is authorized to determine the criteria by which the significance of cultural properties is determined. The committee also has the authority to prepare and maintain cultural properties that have significant historical or cultural importance. The act also imposes criminal penalties for anyone intentionally excavating and removing a human burial in any unmarked burial ground. This fourth degree felony carries penalties ranging from the imposition of a substantial fine to imprisonment. Additionally unauthorized excavation and removal of archaeological artifacts found within a cave or cavern including petroglyphs projectile points human remains, pottery and handwoven articles are may be tried and found guilty of a misdemeanor.

Native American government

he Navajo nation is the largest Indian tribe in the United States. According to the 2000 census nearly 100,000 Navajo tribal members live in the state of New Mexico, alone. The Navajo reservation is also the largest Indian reservation in the US. Covering a total of 17.5 million acres, and extends from northwestern New Mexico to northeastern Arizona to include part of southeastern Utah. The topography is diverse, though consistently arid, possessing low, dry desert elevations that extend to mountainous regions. Anthropological evidence indicate that the Navajo people were historically a nomadic people, who gradually extended their reach to the American southwest at some point during the 16th century. The Navajo themselves hold that The People emerged onto this plane, the fourth world, to escape a flood in the lower world. According to tradition their place of emergence

hile most Pueblo Indians still reside in the central Rio Grande Valley where the first European explorers found them more than five centuries ago, they have experienced significant changes, many of which were brought about through the vagaries of time, and the imposition of foreign religion and governmental structures, which are themselves generally seen as largely ancillary to a culture that remains foundational to their present way of life. The 19 remaining pueblos in New Mexico are commonly referred to as the Rio Grande Pueblos. With tribal lands that extend over seven counties, theirs is a culture that shares many common features, including a distinctive architectural style that is unalienable in name and form from the people themselves. These commonalities notwithstanding, the Rio Grande Pueblos are at the same time separated by barriers of language that is centuries old. These linguistic distillates have resulted in the development of three distinct and fundamentally disparate language families, Keresan, Tanoan and Zunian. The Tanoan language is itself further divided into three dialects: Tewa, Tiwa, and Towa. In its present form, the Pueblo governmental structure is a unique amalgam of native and European law, which evolved from the earliest days of the Spanish colonial period. This was a time which saw the introduction of two fundamentally opposing European governmental structures. The first was imposed by New Mexicoâ&#x20AC;&#x2122;s first, largely discredited governor, Juan de Onate in 1598. The second was instituted in part as a result of the transgressions of the former by royal decree in 1620.

is located in northwestern New Mexico, a region typically referred to as the Four Corners Region, and known to the Navajo as the Dinetah. This part of the state retains religious, traditional and cultural significance for the Navajo people. The Reservation boundary for the Navajo nation today roughly follows the traditional geologic boundaries established by Four Sacred Mountains. In 1921, oil was discovered in northwestern New Mexico, and the US government created the first Navajo tribal council, a six man business Council convened for the purpose of giving consent to mineral leases. In 1936, the US government issued the rules of the Navajo tribal council which formed the basis for the Navajo nation government that remains in effect today.

Today the Pueblo People operate in accord with a set of ancient tribal systems, but are also organized in the form of a coalition system of government, which falls under the jurisdiction of the All Indian Pueblo Council. This arrangement results a unified purpose relative to inter-tribal cooperation and enhances political strength in terms of Pueblo relations with county state and federal governments. The Pueblo Indians are unique among Native Americans in fact they were never party to treaties with any foreign government â&#x20AC;&#x201C; Spanish, Mexican, or American. Their relationship with the United States is based upon laws established under the terms of the Treaty of Guadalupe Hidalgo, which guaranteed, among other things, approximately 2,000,000 acres of land to the Pueblo people.

New Mexico state government Qu 1. DESCRIBE WHAT IS MEANT BY THE TERM PLURAL EXECUTIVE STATE. THE TERM CHLORO EXECUTIVE STATE DESCRIBES A FORM OF GOVERNMENT IN WHICH THE DUTIES OF THE EXECUTIVE BRANCHOUR SHARED AMONG ELECTED OFFICIALS.

2. SUMMARIZE EXECUTIVE OFFICES AND A PLURAL EXECUTIVE STATE. ANSWER: THE LIEUTENANT GOVERNOR, STATE AUDITOR, STATE TREAS., ATTY. GEN., AND THE COMMISSIONER OF PUBLIC LANDS

3. DEFINE THE TERM OF AN EXECUTIVE OFFICEHOLDER ANSWER: ALL MEMBERS OF THE EXECUTIVE BRANCH ARE ELECTED TO FOUR-YEAR TERMS.

4. DIFFERENTIATE THE TERM OF AN ELECTED OFFICIAL VERSUS AND OFFICEHOLDER APPOINTED BY THE GOVERNOR ANSWER: AN EXECUTIVE APPOINTEE RETAINS OFFICE GENERALLY THROUGH THE COURSE OF THE REMAINING TERM, AT WHICH TIME HE OR SHE MAY OR MAY NOT STAND FOR ELECTION IN THE FOLLOWING CYCLE.

5. LINE OF SUCCESSION TO REPLACE THE HEAD OF THE EXECUTIVE BRANCH IS DESCRIBED IN THE ANSWER: EITHER THE STATE OR FEDERAL CONSTITUTIONS

6. PREDICT WHICH MEMBER OF THE EXECUTIVE BRANCH WOULD ASSUME THE ROLE OF GOVERNOR SHOULD THE LIEUTENANT GOVERNOR NOT BE ABLE TO FILL THAT DUTY ANSWER: THE SECRETARY OF STATE WOULD BE SECOND IN LINE TO PERFORM THE DUTIES OF THE GOVERNOR.

7. WHICH NEW MEXICO STATE OFFICE HOLDER WOULD BE FOURTH IN LINE OF SUCCESSION TO REPLACE THE GOVERNOR ANSWER: PRES. PRO TEM OF THE SENATE

8. WHERE IS THIS LINE OF SUCCESSION FOUND IN THE CONSTITUTION? ANSWER: ARTICLE 5 SECTION 7 OF THE NEW MEXICO CONSTITUTION.

uestions and considerations 9. ANALYZE THE POWER OF THE LIEUTENANT GOVERNOR IN TERMS OF HIS RESPONSIBILITIES AND THE SENATE. ANSWER: THE LIEUTENANT GOVERNOR SERVES AS PRESIDENT OF THE SENATE BUT MAY ONLY CAST A BALLOT IN THE CASE OF A DEADLOCK, OR TIED VOTE.

10. SUMMARIZE THE DUTIES OF THE LIEUTENANT GOVERNOR AANSWER: THE LIEUTENANT GOVERNOR HAS THE RESPONSIBILITY OF PROMOTING COOPERATION BETWEEN CITIZENS AND VARIOUS STATE RUN AGENCIES.

11. SUMMARIZE THE DUTIES OF THE SECRETARY OF STATE ANSWER: THE SECRETARY OF STATE IS ANOTHER ELECTED OFFICIAL IN THE EXECUTIVE BRANCH, SECOND IN LINE OF SUCCESSION TO THE OFFICE OF GOV. BEHIND THE LIEUT. GOV.. THE MOST PROMINENT ROLE OF THE SECTARIAN STATE IS THAT OF CHIEF ELECTIONS OFFICER.

12. DISCUSS THE ROLE OF THE SECRETARY OF STATE UNDER THE TERMS OF THE 1993 GOVERNMENTAL ETHICS ACT. UNDER THE TERMS OF THE 1993 GOVERNMENTAL ETHICS ACT, THE SECRETARY OF STATE IS CHARGED WITH REGULATING LOBBYIST ACTIVITY INCLUDING THE REPORTING OF CAMPAIGN CONTRIBUTIONSTO CANDIDATES FOR PUBLIC OFFICE BY POLITICAL ACTION COMMITTEES

13. DISCUSS MANDATES REQUIRED OF PUBLIC OFFICIALS ELECTED TO STATE OFFICE UNDER THE TERMS OF THE GOVERNMENTAL ETHICS ACT ANSWER: A PUBLIC OFFICIAL ELECTED STATEWIDE OFFICES REQUIRED TO FILE A GENERAL CODE OF CONDUCT.

14. WHO RETAINS A COPY OF THE CODE OF CONDUCT? ANSWER: THE CODE OF CONDUCT WHICH IS FILED BY EVERY ELECTED OFFICIAL TO STATEWIDE OFFICES WITH THE SECRETARY OF STATE.

hat are community standards? How did they evolve?

New Mexico has evolved from disparate cultures to the point at which it has acquired a set of both homogenized and regionalized community standards. These standards have, over time become codified into both common law and constitutional guarantees. Our state laws and Constitution reflect an intergenerational attempt to achieve governmental process that is based upon a set of reasonable standards for fairness and equality: toward all of New Mexicoâ&#x20AC;&#x2122;s citizens. Some laws, recognized within the state have jurisdiction only within tribal boundaries, these were generally established through standards set by treaty (power-sharing between states federal and Pueblo tribal governments are the exception) while others established to serve within specified city and county boundaries also have limited jurisdiction. Perhaps the most obvious set of laws which emanate from fundamental community standards are those contained in the criminal codes. Regardless of heritage, wanton killing of another person is it antithetic to any society in the modern world and is been long held an unacceptable transgression. By the same token laws relating to slavery, fraud and theft have all evolved from the basis of minimal accepted forms of conduct, and sit therefore outside any question of social or religious intolerance. In a less obvious way communities can establish modalities by which institutions deemed intrinsically valuable may be supported by the state. Nonprofit organizations and churches, because of their perceived benefit to society, are allowed to accept revenues without taxation. Because education has been shown statistically to be the single most important indicator in determining quality of life, community standards have evolved into a set of laws which not only establish minimum standards of education, but also provide for the establishment and maintenance of public facilities necessary to meet those standards. Infrastructure is another area in which community standards play an important role. Laws relating to road safety,

community s codif

including construction values, speed limits, and vehicle licensing and insurance have evolved over time, and are based upon community standards that once again demanded a certain level commitment. In terms of governmental imposition relating to transportation safety, the potentially lethal aspect of substandard road and vehicle construction, mandates stringent regulation that is continually reviewed and reassessed. Community standards also apply to utilities, including water accessibility and quality, sewage containment, trash removal and safe and effective electrical utilities. From the standpoint of general construction values, each community has the ability, with certain parameters established by federal mandate, that which is and is not acceptable building practice. This is done through a set of building codes established primarily to ensure the safety of occupants, and governmentally mandated inspections carried out periodically throughout the building process.

Medical advances have also had a significant impact on New Mexicoâ&#x20AC;&#x2122;s housing codes. Codes which have once again evolved with community standards. Construction values now include rules which mandate accessibility standards which allow people with disabilities access to public and commercial establishments. These values are codified into regulations that mandate doorway dimensions, ramps and restroom facility components and dimensions. These codes walk a fine line. In the desire to balance the community standard which says that each citizen, regardless of disability is entitled to enjoy free access to public buildings, regulations must be careful not to impose an unfair burden upon business owners architects and builders. Nevertheless we once again we see mirrored in this type of regulation, ideals of equity and fairness established by Constitution in 1912, and amended through revisions to the Bill of Rights since.

standards fied

DOES THE TYPE OF REGULATION DESCRIBED ABOVE CONSTITUTE UNFAIR GOVERNMENTAL INTRUSION INTO THE ARENA OF PRIVATE ENTERPRISE AND RESULT THEREBY IN A CHILLING EFFECT IN AN OTHERWISE FREE AND OPEN MARKETPLACE?

______________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ _________ DO COMMUNITY STANDARDS, WHICH STIPULATE A NEED FOR A MINIMUM STANDARD OF NONDISCRIMINATORY CONSTRUCTION VALUES, HAVE THE RIGHT TO ASSIGN THE BURDEN OF THIS TYPE OF EXPENSE TO PRIVATE CITIZENS? __________________________________________________________________________________________________ ________________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ ___________________________________________________________________________________ CONSIDER WHAT MINIMUM ACCEPTABLE LEVELS OF TRASH CONTAINMENT MIGHT BE WITHIN YOUR CITY? IS IT IMPORTANT THAT THE GOVERNMENT ESTABLISH THESE STANDARDS OR MIGHT THIS BE CONSIDERED AN INTRUSION UPON PERSONAL FREEDOM AND THE RIGHT OF BUSINESS TO ENGAGE IN FREE TRADE? WHY WOULD IT NOT BE ACCEPTABLE FOR YOUR NEIGHBOR TO SIMPLY PILE TRASH IN HIS OR HER BACKYARD RATHER THAN PAYING A TRASH SERVICE TO HAUL IT AWAY? ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________ IS IT REASONABLE FOR NONPROFIT ORGANIZATIONS TO AVOID TAXATION, IN LIGHT OF THE FACT THAT IT IMPOSES AN ADDITIONAL BURDEN ON THE REST OF SOCIETY FOR THE MAINTENANCE OF CRITICAL INFRASTRUCTURE INCLUDING ROADS, SEWERS, SOCIAL SERVICES DEFENSE AND EDUCATION? ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________

. 15. IDENTIFY OTHER RECORDS KEPT BY THE SECRETARY OF STATE. OTHER RECORDS KEPT BY THE SECRETARY OF STATE INCLUDE COMMERCIAL AND INDUSTRIAL RECORDS INCLUDING TRADEMARKS AND SERVICE MARKS THAT HAVE SPECIFIC APPLICATION IN NEW MEXICO. 16 TO WHOM WOULD ONE APPLY IN ORDER TO BECOME A NOTARY REPUBLIC? . ANSWER: SECRETARY OF STATE 17. YES THE SECRETARY OF STATE WERE UNABLE TO REPLACE THE GOVERNOR TO WHOM WERE THE RESPONSIBILITY THEN FALL? ANSWER: THE FIFTH IN SUCCESSION TO THE OFFICE OF GOVERNOR IF THE ATTORNEY GENERAL. 18. PRIORITIZE THE ROLE OF THE ATTORNEY GENERAL ANSWER: THE ATTORNEY GENERAL IS THE PRIMARY LEGAL REPRESENTATIVE OF THE STATE. THE GOVERNOR MAY ALSO ASK FOR THE SERVICES OF THE ATTORNEY GENERAL IN DETERMINING LEGAL PROTOCOL AND IS FREQUENTLY CALLED UPON BY THE LEGISLATURE TO ALSO RENDER AN OPINION RELATIVE TO DRAFTS OF PENDING BILLS. 19. CLASSIFY THE ATTORNEY GENERAL IN TERMS OF HIS OR HER ROLE BEFORE THE SUPREME COURT ANSWER: THE ATTORNEY GENERAL IS THE CHIEF PROSECUTING ATTORNEY AND HEAD OF THE DEFENSE IN ALL CASES INVOLVING THE STATE BEFORE THE SUPREME COURT. 20. THE NEW MEXICO STATE LEGISLATIVE SESSIONS ARE DIVIDED INTO EVEN AND ODD YEARS COMPARE AND CONTRAST THE TWO SESSIONS. DISTINGUISH BETWEEN TWO IN TERMS OF THE TYPE OF BILLS CONSIDERED. ANSWER: THE STATE LEGISLATURE CONVENES EVERY YEAR FOR 60 CALENDAR DAYS IN THE ODD NUMBER YEARS; AND FOR 30 CALENDAR DAYS IN THE EVEN NUMBERED YEARS. THE SHORTER SESSION IS CONSTITUTIONALLY RESTRICTED TO FISCAL MATTERS, AND DEALS WITH ONLY WITH ISSUES INTRODUCED BY THE GOV. OR WITH BILLS PASSED IN THE PREVIOUS SESSION BUT SUBSEQUENTLY VETOED BY THE GOVERNOR. 21. OUTLINE THE PROCEDURE WHEREBY LEGISLATIVE SESSION COMMITTEES ARE FORMED AND MEMBERS ARE APPOINTED. ANSWER: IN THE HOUSE OF REPRESENTATIVES, THE SPEAKER OF THE HOUSE APPOINTS COMMITTEE MEMBERS AND COMMITTEE CHAIRMAN. 22. LIST OF THE THREE STANDING PERMANENT COMMITTEES. ANSWER: THE LEGISLATIVE COUNCIL SERVICE, THE LEGISLATIVE FINANCE COMMITTEE, AND THE LEGISLATIVE EDUCATION STUDY COMMITTEE.

City Planning and urban development questions and considerations

23. DESCRIBE THE PROCESS BY WHICH VACANCIES IN THE LEGISLATURE ARE FILLED. ANSWER: VACANCIES IN THE LEGISLATURE ARE FILLED BY APPOINTMENT. THE APPOINTMENT IS MADE BY THE APPROPRIATE COUNTY COMMISSION AND THE RESPECTIVE DISTRICT.

24. DESCRIBES THE MAKEUP OF THE NEW MEXICO STATE SUPREME COURT. ANSWER: THE HIGHEST COURT IN STATE OF NEW MEXICO IS THE NEW MEXICO SUPREME COURT. THIS COURT IS COMPOSED OF A CHIEF JUSTICE AND FOUR ASSOCIATE JUSTICES. 25 THE SUPREME COURT OF NEW MEXICO IS THE COURT OF LAST RESORT FOR BOTH CIVIL AND CRIMINAL CASES 26. WHAT IS THE AUTHORITY FROM WHICH THE NEW MEXICO COURT SYSTEM DRAWS ITS POWER? ANSWER: THE NEW MEXICO COURT SYSTEM WAS ESTABLISHED UNDER THE TERMS OF THE STATE CONSTITUTION. 27. THE PUBLIC REGULATORY COMMISSION IS APPEALING A VERDICT . THE CASE NATURALLY GOES TO THE NEW MEXICO COURT OF APPEALS. PREDICT THE CONSEQUENCES

ANSWER: THE PUBLIC REGULATORY COMMISSION WOULD NOT APPEAL A CASE IN FRONT OF THE NEW MEXICO COURT OF APPEALS. THE SUPREME COURT IS COMPELLED TO HEAR APPEALS FROM THE PUBLIC REGULATORY COMMISSION 29. THE NEW MEXICO COURT OF APPEALS IS A DELIBERATIVE BODY OF JUDGES

30. EACH CASE TO COME BEFORE THIS COURT IS HEARD BY A PANEL OF THREE

JUSTICES

31. DISTINGUISH BETWEEN THE CASES THAT THE COURT WILL AND WILL NOT HEAR. ANSWER: THIS COURT HAS TO JURISDICTION IN CIVIL, JUVENILE, IN CRIMINAL CASES, EXCEPT WHERE THE DEATH PENALTY IS AN ISSUE.

The New Mexico Government Review Questions

1. BOTH THE NEW MEXICO STATE CONSTITUTION AND THE CONSTITUTION OF THE UNITED STATES HAVE PROVISIONS FOR REMOVING A MEMBERS OF THE EXECUTIVE BRANCH CONVICTED OF TREASON, BRIBERY OR OTHER HIGH CRIMES. WHAT IS THIS FACILITY CALLED? ANSWER: IMPEACHMENT 2. WHICH LEGISLATIVE HOUSE IS CONSTITUTIONALLY EMPOWERED TO IMPEACH A SITTING PRESIDENT? ANSWER: THE HOUSE OF REPRESENTATIVES. 3. WHO PRESIDES OVER THE IMPEACHMENT PROCESS? ANSWER: THE CHIEF JUSTICE OF THE SUPREME COURT. 4. HOW MANY OFFICIALS HAVE BEEN IMPEACHED THROUGHOUT THE HISTORY OF THE UNITED STATES. ANSWER: 18 OFFICIALS, 13 OF WHOM WERE JUDGES. 5. WHAT IS THE BASIS FOR A SUBSTANTIAL PORTION OF OUR CRIMINAL LAWS? DESCRIBE THE EVOLUTION OF CRIMINAL CODES. ANSWER: THE CRIMINAL CODES EMANATE FROM FUNDAMENTAL COMMUNITY STANDARDS WHICH OUTLINE UNACCEPTABLE TRANSGRESSIONS. AS COMMUNITY STANDARDS EVOLVE, LAWS ARE REVISED AND AMENDED. 6. ANALYZE THE WAYS IN WHICH MEDICAL ADVANCES HAVE HAD AN IMPACT ON NEW MEXICO’S HOUSING CODES. ANSWER: AS PEOPLE LIVE LONGER, THE REHABILITATIVE PROCESS ALLOWS A DEGREE OF MOBILITY THROUGH THE USE OF MECHANICAL SYSTEMS, WITH THIS IN MIND THE STATE OF NEW MEXICO HAS CODIFIED A SET OF REGULATIONS ENACTED WITHIN THE CONTEXT OF BUILDING CODES TO MANDATE A MINIMAL SET OF ACCESSIBILITY STANDARDS IN PUBLIC PLACES. 7. FORMULATE A SITUATION WHEREBY A TRIBAL COURT INDICTS A FEDERAL OFFICIAL FOR HIS ACTIONS WITHIN THE CONTEXT OF GOVERNMENTAL BUSINESS. ANSWER: THE POWER OF TRIBAL COURTS HAS BEEN RULED A PLENARY POWER AND ITS EXERCISE REGULATED BY CONGRESS. THEREFORE ANY TRIBAL ORDINANCE PERMITTING WHAT CONGRESS FOR BIDS IS VOID. IT IS THEREFORE BEYOND THE POWER OF A TRIBE TO IN ANY WAY REGULATE LIMIT RESTRICT OR PRECLUDE THE ACTIONS OF A FEDERAL OFFICER IN THE PERFORMANCE OF HIS DUTIES. 8. ANALYZE THE HISTORIC RATIONALE FOR TRIBAL GAMING, OR GAMBLING.

ANSWER: THE SUPREME COURT RULED THAT BECAUSE GAMBLING HAD BEEN HISTORICALLY A PART OF INDIAN CULTURAL TRADITIONS, INCLUDING DICE AND SHELL GAMES, ARCHERY COMPETITIONS AND RACES, IT WAS ASSERTED THAT SOVEREIGNTY TREATIES WITH THE US GOVERNMENT ADDED TO AN ACCEPTANCE OF GAMBLING ON TRIBAL LANDS. 9. WITH THE CODIFIED ACCEPTANCE ARE FEDERAL AND STATE LEVEL OF TRIBAL GAMBLING ON RESERVATION LANDS, WHAT AGENCY THEN HAS CRIMINAL JURISDICTION? TRIBAL STATE OF FEDERAL? ANSWER: FEDERAL LAW DIVIDES TRIBAL GAMBLING INDUSTRY CLASSES AND AUTHORIZES THE FBI, A FEDERAL AGENCY TO HAVE CRIMINAL JURISDICTION OVER EACH. 10. COMPARE AND CONTRASE STATE AND FEDERAL GOVERNMENT ORGANIZATIONS WITH CORRESPONDING TRIBAL ENTITIES IN THE: A. THE MESCALERO APACHE TRIBAL COUNCIL THIS TRIBAL GOVERNMENT CONSISTS OF AN EIGHT MEMBER TRIBAL COUNCIL AND A SELF-GOVERNING THE COUNCIL ELECTS A PRESIDENT AND VICE PRESIDENT FOR TWO-YEAR TERMS AND COUNCIL MEMBERS ARE ELECTED EACH YEAR. THIS IS A SIMPLIFIED VERSION OF DEMOCRATIC RULE FOUND IN THE NEW MEXICO STATE HOUSE AND FEDERAL GOVERNMENT, BOTH OF WHICH HAVE EXTENSIVE CHECKS AND BALANCES INTEGRATED TO THEIR STRUCTURE. B. THE PUEBLO TRIBES THE 19 PUEBLO TRIBES ARE UNIQUE AMONG NATIVE AMERICANS BY THE FACT THAT THEY WERE NEVER PARTY TO TREATIES WITH ANY FOREIGN GOVERNMENT, INCLUDING THE UNITED STATES. INSTEAD THE LEGAL RELATIONSHIP IS BASED UPON THE TERMS OF THE TREATY OF GUADALUPE HIDALGO, WHICH ESTABLISHED CONDITIONS ENDING THE MEXICAN-AMERICAN WAR.

The New Mexico Government Review Questions 1. BOTH THE NEW MEXICO STATE CONSTITUTION AND THE CONSTITUTION OF THE UNITED STATES HAVE PROVISIONS FOR REMOVING A MEMBERS OF THE EXECUTIVE BRANCH WHO IS CONVICTED OF TREASON, BRIBERY OR OTHER HIGH CRIMES. WHAT IS THIS FACILITY CALLED? ANSWER: IMPEACHMENT 2. WHICH LEGISLATIVE HOUSE IS CONSTITUTIONALLY EMPOWERED TO IN PEACH A SITTING PRESIDENT? ANSWER: THE HOUSE OF REPRESENTATIVES IS CONSTITUTIONALLY SPECIFIED. 3. THE PRESIDES OVER THE IMPEACHMENT PROCESS? ANSWER: THE CHIEF JUSTICE OF THE SUPREME COURT. 4. HOW MANY OFFICIALS HAVE BEEN IMPEACHED THROUGHOUT THE HISTORY OF THE UNITED STATES. ANSWER: 18 OFFICIALS, 13 OF WHOM WERE JUDGES. 5. DESCRIBE THE EVOLUTION OF CRIMINAL CODES. ANSWER: THE CRIMINAL CODES EMANATE FROM FUNDAMENTAL COMMUNITY STANDARDS WHICH OUTLINE UNACCEPTABLE TRANSGRESSIONS. 6. ANALYZE THE WAYS IN WHICH MEDICAL ADVANCES HAVE HAD AN IMPACT ON NEW MEXICO’S HOUSING CODES. ANSWER: AS PEOPLE LIVE LONGER, THE REHABILITATIVE PROCESS ALLOWS A DEGREE OF MOBILITY WITH MECHANICAL SYSTEMS, UNDERSTANDING THIS THE STATE OF NEW MEXICO HAS CODIFIED A SET OF REGULATIONS TO ACT WITHIN THE CONTEXT OF BUILDING CODES TO DETERMINE ACCESSIBILITY IN PUBLIC PLACES. 7. FORMULATE A SITUATION WHERE IN A TRIBAL COURT INDICTS A FEDERAL OFFICIAL FOR HIS ACTIONS WITHIN THE CONTEXT OF GOVERNMENTAL BUSINESS. ANSWER: THE POWER OF TRIBAL COURTS HAS BEEN RULED A PLENARY POWER AND ITS EXERCISE REGULATED BY CONGRESS. THEREFORE ANY TRIBAL ORDINANCE PERMITTING WHAT CONGRESS FOR BIDS IS VOID. IT IS THEREFORE BEYOND THE POWER OF A TRIBE TO IN ANY WAY REGULATE LIMIT RESTRICT OR PRECLUDE THE ACTIONS OF A FEDERAL OFFICER IN THE PERFORMANCE OF HIS DUTIES. 8. ANALYZE THE HISTORIC RATIONALE FOR TRIBAL GAMING, OR GAMBLING.

ANSWER: THE SUPREME COURT HAS RULED THAT BECAUSE GAMBLING HAS BEEN HISTORICALLY A PART OF INDIAN CULTURAL TRADITIONS, INCLUDING DICE AND SHALL ACTIVITIES, ARCHERY COMPETITIONS AND RACES, IT WAS ARGUED THAT SOVEREIGNTY TREATIES WITH THE US GOVERNMENT ADDED TO AN ALREADY ACCEPTED HISTORY OF GAMBLING ON TRIBAL LANDS. 9. WITH THE CODIFIED ACCEPTANCE ARE FEDERAL AND STATE LEVEL OF TRIBAL GAMBLING ON RESERVATION LANDS, WHAT AGENCY HAS CRIMINAL JURISDICTION? ANSWER: FEDERAL LAW DIVIDES TRIBAL GAMBLING INDUSTRY CLASSES AND AUTHORIZES THE FBI TO HAVE CRIMINAL JURISDICTION OVER EACH. 10. COMPARE STATE AND FEDERAL GOVERNMENT ORGANIZATION WITH: THE MESCALERO APACHE TRIBAL COUNCIL THIS TRIBAL GOVERNMENT CONSISTS OF AN EIGHT MEMBER TRIBAL COUNCIL AND A SELF-GOVERNING THE COUNCIL ELECTS A PRESIDENT AND VICE PRESIDENT FOR TWO-YEAR TERMS AND COUNCIL MEMBERS ARE ELECTED EACH YEAR. THIS IS A SIMPLIFIED VERSION OF DEMOCRATIC RULE FOUND IN THE NEW MEXICO STATE HOUSE AND FEDERAL GOVERNMENT, BOTH OF WHICH HAVE EXTENSIVE CHECKS AND BALANCES INTEGRATED TO THEIR STRUCTURE. THE PUEBLO TRIBES 12. THE 19 PUEBLO TRIBES ARE UNIQUE AMONG NATIVE AMERICANS BY THE FACT THAT THEY WERE NEVER PARTY TO TREATIES WITH ANY FOREIGN GOVERNMENT, INCLUDING THE UNITED STATES. INSTEAD THE LEGAL RELATIONSHIP IS BASED UPON THE TERMS OF THE TREATY OF GUADALUPE HIDALGO, WHICH ESTABLISHED CONDITIONS ENDING THE MEXICAN-AMERICAN WAR. THE NAVAJO NATION THE TRIBAL GOVERNMENT CONSISTS OF AN EIGHT MEMBER COUNCIL WITH A PRESIDENT AND VICE PRESIDENT. THIS DIFFERS FUNDAMENTALLY FROM STRUCTURE OF THE NEW MEXICO GOVERNMENT WHICH HAS A SEPARATE JUDICIARY, LEGISLATIVE BRANCH, AND EXECUTIVE BRANCH.

New Mexic

ew Mexico’s first great seal was designed shortly after the territorial government was organized in 1851. The original seal has long since disappeared, though it is thought two have possibly been part of the store of artifacts placed in the cornerstone of the soldiers monument in the Santa Fe Plaza. Imprints of the original seal show that it consisted of the American eagle, clutching an olive branch in one talent and three arrows in the other. Along the outside rim was the inscription “Great Seal of the Territory NM”. In the early 1860s an unknown official adopted a new seal utilizing a design similar to today’s great seal. It featured the American bald eagle, its outstretched wings shielding a smaller Mexican eagle, symbolizing the change of sovereignty from Mexico to the United States in 1846. The smaller Mexican brown, or Harpy Eagle grasped a snake in its beak and a cactus in its talons, portraying an ancient Aztec myth. The outside rim of the seal contained the words “Territory of New Mexico”, with the date 1850

along the bottom in Roman numerals. The circumstances surrounding the addition of the Latin phrase “Cresit Eundo” to the seal are unclear, but in 1882, territorial secretary WG Rich embellished the earlier design with the phrase, which translates as “it grows as it goes”. This version of the seal was officially adopted as New Mexico’s official seal and coat of arms by the territorial Legislature in 1887. When New Mexico became a state in 1912, the Legislature named a commission for the purpose of designing a state seal. In the meantime the Legislature authorized interim use of the Territorial Seal with the words “Great Seal of the State of New Mexico” substituted. In June 1913, the commission, which consisted of Governor William C. McDonald, Attorney General Frank W. Clancy, Chief Justice Clarence J. Roberts, and Secretary of State Antonio Lucero, filed its report adopting the general design of the territorial seal, substituting only the date

Great Seal of New Mexico

co symbols

he first flag of New Mexico subsequent to statehood was designed by New Mexican historian Ralph Emerson Twitchell, and was authorized in 1915. The flag consisted of a blue field with miniature US flag in the upper left-hand corner. The flag also contained New Mexico’s great seal in the lower right-hand corner and the words New Mexico embroidered diagonally across the field from the lower left hand side to the upper right-hand corner. Five years later The New Mexico Chapter of the Daughters of the American Revolution advocated the adoption of a flag representative of New Mexico’s unique character. It was with this in mind that three years later, the DAR conducted a design competition which was one ID distinguished Santa Fe physician and archaeologist Doctor Harry Mera. The doctor’s wife, Reba, made the winning flag design with a symbolic red is he a on a field of yellow. In March of 1925, Governor Arthur T. Hammett signed the legislation which proclaimed the Mera design as the official state flag. The state flag of New Mexico has a modern interpretation of an ancient symbol of a sun design as what is purportedly seen on a late 19th-century water jar from the Zia Pueblo. This Pueblo was thought to have been one of the seven cities of Gold, which the Spanish conquistador Vasquez Coronado sought in 1540. The red sun symbol was called a “Zia” and is displayed against a field of yellow. This iconic design is illustrative of the Pueblos tribal philosophy, which advocates harmony with all things in the universe. Emblematic of the sacred nature of the number four to the Zia, the central figure is composed of a circle from which four points radiate in four directions. Each point symbolizes one of the four cardinal direc-

State Flag of New Mexico tions, North, South, East and West. Contained within that symbology is also a reference to the world with its four natural seasons: the day, which is broken into four components sunrise, noon, evening and night; the number four also symbolizes life, with its four divisions – childhood, youth, adulthood and old age. All four points are interconnected via the central circle which symbolizes the circle of life, existing without beginning or end. Finally a primary component of Pueblo religious belief is that in the brotherhood of all things people have for sacred obligations: to develop a strong body, a clear mind, a pure spirit, and devotion to the welfare of all people. The colors of the New Mexico flag, red and yellow are emblematic of Isabel D. a which the Spanish can case to doors brought to the New World. The symbols proportions are established and fixed by legislative act, with the four groups of Ray’s set at right angles the to enter race 1/5 longer than the outer race. The diameter of the circle in the center is one third the width of the symbol. It is this design which has endured for the last hundred years as a symbol of the unifying principles which underlie New Mexico’s disparate cultural heri-

the constitutionally guaranteed right to vote

hile voting is not mandatory in New Mexico or the United States it is correctly viewed as both a privilege and responsibility. This is because our constitutionally guaranteed right to select our leaders, and our willingness to do so, effects how we will all live in the future. In order to take part in the electoral process as a citizen, you must first register to vote. The criteria mandated by state election laws, allowing someone to vote in a primary, or general election in New Mexico are very simple. You must first be a citizen of the United States. Which, if you were born here happens automatically. You must also be a resident of New Mexico, and have some form of identification proving that fact. Finally, you must be at least 18 years of age at the time of the election. If a person meets these criteria, he or she may not be denied the right to vote by reason of mental incapacity, or felony conviction. The registration form you fill out will include basic information including your name, address, Social Security number, and party affiliation. You may of course select undeclared if you do not have a preference. You will have to register with the county in which you are currently living in order to vote. Remember: if you move to a different state in order to attend college, you’ll need to register again with your new address. A popular and convenient way to register is through the Internet. Websites such as rockthevote.com and declareyourself.com make the registration process quick and easy.

Finding your Polling Place Your polling place should be listed on your sample ballot. Once you’ve registered to vote and the voting day draws near, you’ll receive a sample ballot in the mail. This ballot includes all of the candidates, their views on substantial issues that are to be voted on as well. It’s a good idea to note the location of your polling place in advance to avoid confusion.

Bring Your I.D. You will certainly be required to present an ID when voting. This is required so that poll workers know that you are who you say you are and that you are registered to vote.

Eductate Yourself This is arguably the most important step in the voting process. After all it does little good to register to vote if you have no idea who or what you are voting for. It is your job as a patriotic citizen to educate yourself on the candidates and the issues so that you can make an informed decision. It’s very important that you do not rely on TV news, or ads for your information. Read the voter’s guide that comes with your sample ballot and research the issues on your own. You are bound to find more accurate information and compelling data that will inform your vote rather than sway at. There are also unbiased resources online that present up-to-the-minute facts and information to help voters make informed decisions. www.USA.gov, is one such website.

Sustainable communities Components of Sustainable Communities

public transportation, pedestrian corridors and interconnected bicycle paths which allow people to work and shop in a community.

It is nearly impossible for architects to do everything which they would like to do in order to reduce the environmental impact of the communities which they design. New materials, alternative designs and innovative systems offer many options, and it frequently comes down to a question of compromise. Which of these options make the most sense in terms of cost, application and value in terms of reducing environmental impact. In New Mexico, solar energy can be a very effective component in terms of energy conservation and cost-effectiveness. This is due in large part to the amount of sunlight that our state receives every year. In addition to maximizing renewable energy components it is important to also minimize energy consumption. This can be done a number of ways. Architecturally it is possible to minimize cooling loads through careful building design including glazing selection, lighting design, orientation and shading either through the use of structural overhangs or landscaping.

Another important component in the quest for sustainable communities lies outside the domain of architects and builders. While these disciplines are guided and regulated by federal and state statute, an important component of both of these legislative bodies is the creation and maintenance of infrastructure which sustains.

Creating Sustainable Communities Many architects in New Mexico today are designing communities that are self-contained. This can be done a number of ways including commercial and residential integration. When residents live in close proximity to their jobs number of positive social and economic aspects result. On a personal level less time commuting means more time available for friends and family. From an economic standpoint, less time in the car can result in an increase in disposable income. From an environmental perspective, fewer hydrocarbons in the air results in a healthier environment. In order to accomplish these things architects can include in their designs provisions for access to

One very compelling aspect of technologically achievable infrastructure enhancement is that of a redesign of our electrical grid system. In the same way that 19th century roads are no longer adequate to the needs of contemporary travel modalities and electric grid that was designed in the 19th century is woefully inadequate to the needs of a contemporary society in which energy conservation is an absolute necessity. Under the current system typically two thirds of energy produced a power plant will be lost before it is available for use in the home or business. Part of this inefficiency lies in power production itself, but typically the greater portion is simply the system itself, which uses as its model and remote generation plant supplying power over hundreds or perhaps thousands of miles. The results of this paradigm is what is known as line loss. This relates to the fact that energy traveling through a copper line will meet with a certain amount of resistance, and the longer he travels the more resistance and will meet, and the more energy is lost. With available smart grid technology, the large-scale remote power plant is replaced by many small individual points of power distribution, many, or all of which may presumably be powered by nonpolluting renewable fuels like solar, wind and hydrogen.

renewable energy

n January of 2010 New Mexico announced a broadbased initiative to grow Green Jobs in the state. Already a global leader in renewable energy technology and innovation by virtue of the combination of abundant energy resources, and world-class technology, these state programs are oriented such that businesses that produce clean energy products will have additional compelling reasons, including tax credits, rebates, and state assistance with land acquisition and construction costs, to locate a base of operations in New Mexico. For nearly 100 years oil and gas exploration and exploitation have been a central component of New Mexico’s gross domestic product. Production in the Permian basin, and San Juan basin, made New Mexico one of the leading crude oil and natural gas producers in the United States. In 2006, energy production in New Mexico accounted for 3.4% of the crude oil produced in the United States, and 8.5% of the dry natural gas. New Mexico also produced 10.2% of the natural gas liquids mined in the continental United States. Profits from energy production are susceptible to wide market fluctuations. For this reason New Mexico has provided a number of economic incentives to energy companies operating in the state. These incentives include various types of tax credits, and tax exemptions most of which are designed to enhance business growth and job creation. When considerations of the environmental hazards associated with the burning of fossil fuel, combine with the associated concerns related to the acquisition of oil and gas, renewed focus is naturally placed on potential resources for renewable energy. The most ubiquitous symbol of clean renewable energy has

been a hallmark of New Mexico energy production for 40 years, solar modules. There are fundamentally two types of solar collector, hot water panels, and photovoltaic modules. Typically, photovoltaic solar modules convert sunlight to DC current through the use of semiconductor material that strips electrons away from atoms to create electricity. Hot water panels do not generally make electricity, but are capable of heating liquids to very high temperatures, for both domestic and industrial use. Once energy is captured, there are a number of very sophist i cated ways of storing and utilizing it with very high efficiency rates. But there are resources additional to those used to directly capture the sun’s energy that are certainly worth exploring. Fuel Cells utilize the most abundant resource in the universe, hydrogen. By recombining it with oxygen through a set of dedicated membranes electricity is produced without emission. Wind generators are another form of energy capture that holds an important position in New Mexico’s clean energy scenario. These are only a few of the technologies being researched at national laboratories within New Mexico’s borders, which, if developed to an economy of scale that allow them to compete with carbon-based energy resources, could result in a global proliferation of clean energy.

he growth of renewable energy reduced renewsources is an important goal for New able energy Mexico’s economy. A leadership poand renewable sition in the export of renewable enenergy prodergy resources, both solar electric and ucts. biofuel would have a transformative effect on statewide high-tech jobs, while boostWith these iniing exports. Among the ways that the tiatives constate government intends servative estito incentivize, and mates suggest stimulate renewable that within the energy products next 10 years New from New Mexico is Mexico will be a cento align tax incenter for the North Workers installing Photovoltaic Modules tives with legislative American solar mandates for utilities industry, and the with state energy development goals. Rio Grande Valley recognized as the ”Solar Valley” of the This means that utilities that produce electricity Southwest. for public and private consumption will receive incentives in the form of rebates and tax credits for In order for this to happen New Mexico needs to harthe energy that is produced using renew- ness its potential to develop a vertically integrated solar able nonpolluting resources. This rev- economy by combining research and development with enue neutral plan recaptures lost tax investment in startup businesses, manufacturing, and inrevenues through job gains and the stallation services. attraction of new businesses. In order for renewable energy to be integrated into our In addition to these incentives there nation’s power grid in a large-scale comprehensive manis strong support for a moderated ner, Green Grid technologies need to be researched, and regulatory environment related to renew- demonstrated to be commercially viable. An important able energy products. It is hoped that this will streamline resource in this process would be the resources of the the process of funding for and construction of produc- national laboratories located in New Mexico. Leveraging tion facilities that produce photovoltaic modules, charge the resources of these institutions and their associated controllers, inverters, and research facilities that deal laboratories, would be helpful in the creation of an entrewith storage technologies and hydrogen. preneurial engine that would drive the expansion of New Mexico’s high-tech, clean tech business. With resources The state government is also prepared to partner with already available, New Mexico could very well make the private enterprise in the process of marketing state provisions of ”Green Grid” and “solar Valley” reality.

renewable energy

The manufacture and export of renewable energy and non-carbon producing energy components in New Mexico is a start, but only that. Investment in the research and development necessary to bring renewable energy to the market can only happen if there is economic justification. It is therefore important to at the same time develop a market for renewable energy. One way of doing this is to create in New Mexico center for energy efficiency, and green building. With building codes and tax incentives that reward energyefficient new construction and renovation a ready market for carbon neutral renewable energy products would be available within New Mexicoâ&#x20AC;&#x2122;s borders. This

in turn would potentially grow what is already a cluster of green building products manufacturers. Technologically driven clean industry initiatives in New Mexico are slated to be strategically aligned with overarching economic development goals. Among these initiatives are the expansion of green job training programs across the state, aligned with a framework of career assistance programs and customized employment training solutions for green businesses. These initiatives enjoy broad support politically based upon projections of the worldwide growth of renewable energy. However due to intense competition

Commercial Solar Installation

Minority majority State

Based on anthropological evidence, New Mexico has been a Minority – Majority state for thousands of years. The earliest residents of the State for whom there is a written historical record include the Pueblo people, the Apache, Navajo Comanche, and Southern Ute tribes, all of whom, essential to our collective social identity, are minority citizens of our state.

In 1960 New Mexico’s population hit the 1 million mark with 200,000 people living in Albuquerque alone. By this time New Mexico had been transformed from a rural state to an urbanized state, one in which 70% of its people lived in cities of 2500 or more.

Today the term Minority – Majority is a term used to describe a U.S. state or other jurisdiction where a majority of the citizens fall into the category of a racial minority. That is, in New Mexico’s case, a racial composition which is in its totality less than 50% white. The term 'White' in this context typically refers to "non-Hispanic whites".

In 2010 Census figures show that New Mexico has doubled in size since 1960. With a statewide population of approximately 2,000,000 people, 800,000 of which are residents of the state’s largest city Albuquerque, the land of enchantment has been once again transformed. But this transformation has occurred most significantly in terms of size, technological advancement, and transportation modalities. The transformative effects of our states multicultural environment, established over the centuries, continues to be the symbol of a progressive state that celebrates its past as an important component of that which is to come.

Racial data used to determine ratios is typically derived from federal census bureau estimates using data obtained from self-identification questions. Based upon this criteria there are four states which are majority-minority as of 2009: Hawaii, the only state that has never had a white majority, New Mexico, California, and Texas. Estimates show that by 2042, the U.S. as a whole will mirror New Mexico as a "majority-minority" country, due to projections based on current rates of immigration and child birth. These estimates suggest that all racial groups will be minorities, that is less than 50% of the national population at some point in the not too distant future. This fact raises questions about the use of the term, majority-minority, which is seen both as an only slightly-more politically-correct euphemism for "majority-nonwhite" and an anachronism by many nonwhites. WHAT IS THE VALUE OF THE TERM BY MINORITY -- MAJORITY? DOES IT SERVE TO FURTHER AID COMPREHENSIVE RACE RELATIONS OR IS IT SIMPLY AN CALCULATORY MUSING? ANSWERS WILL VARY, THOUGH THERE REMAINS SOME QUESTION IN THE MIND OF THE AUTHOR, ABOUT THE REASON FOR ITS INCLUSION AS A COMPONENT OF THE STANDARDS AND BENCHMARKS MANDATED BY THE NEW MEXICO DEPT OF EDUCATION, BUT THERE YOU ARE. __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ ____________________________-___

the New Mexico economy And the federal government national output of natural gas. A component of this industry which is only beginning to be exploited is renewable energy. This can take many forms, and include many disciplines, from scientific research to manufacturing and assembly. Because of this it would be difficult to overestimate the advantages of this type of industry in terms of job growth across the broad economic spectrum.

or more than 150 year the federal government has also played an important roll in the economic health of our state. In order to understand the extent to which this it true one need look no further than the fact that for every tax dollar collected at the state level, $2.03 is returned to New Mexico in the form of federal spending. While Government spending is very important to our state, a $75 billion economy clearly has fiscal drivers additional to those contributed at the state and federal level. Among the most prominent is the New Mexico tourist industry which accounts for approximately $7 billion annually. This figure lies only slightly behind another important economic component, energy production. This sector of the economy, which is Centralized in the Permian Basin on New Mexico’s eastern plains, and the San Juan Basin located in the northwestern part of the state, accounts for nearly 10% of the total

An important component of federal spending, and one which is identified with nearly every region of the state, is military expenditure. The impact of this investment, is not limited to Air Force bases, technology procurement and testing. Armed forces spending in New Mexico accounts for, among other things, 12% of the states total employment, a number which does not include institutions that receive substantial federal funding including the technology labs at Los Alamos and Sandia National Laboratories.

Our state, whose economic output is calculated in terms of tens of billions of dollars annually, is supported by disparate industries ranging from astro-science to agriculture. One of the principal underpinnings of a strong economy is diversification. GDP pinned to a single economic engine has little recourse in the event of an economic downturn. But paired with a set of economic drivers that are disparate in nature, the shock of recession can be spread out across business sectors and thereby mitigated, resulting in a financial system that can be at least marginally buoyed. Nowhere is the need for a broad based economy more apparent or important than in the state of theNew Mexico.

IS THIS TRUE? WHY WOULD NEW MÉXICO’S ECONOMY NECESSITATE DIVERGENT REVENUE STREAMS? A REVIEW OF NEW MEXICO’S PAST REVEALS SINGULAR DOWNSIDES TO A MONO- ECONOMIC STRUCTURES, SUSTAINABILITY ISSUES RELATIVE TO WATER AND MINERAL EXTRACTION; REVEAL A MITIGATION WHEN PAIRED WITH OTHER ECONOMICS SECTORS, INCLUDING EDUCATION, DEFENSE, RESEARCH AND DEVELOPMENT, THE ARTS, TOURISM AND FILMMAKING _____________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________.

state tax credits to business

ew Mexico offers a number of economic incentives to businesses operating in the state, and to those considering the establishment of operations in the Land of Enchantment. Among these incentives are laws which allow local governments to provide land, buildings, reduced taxes, and infrastructure to businesses in order to promote job creation. In order to pay for these incentives, several cities in New Mexico have imposed Economic Development Gross Receipts Tax. These are typically taxes on commercial transactions, which include levies on both goods and services. These funds are frequently earmarked and used to pay for

Working with labor and commercial leaders our state government has established an extensive system of tax credits which are designed to encourage business growth while combining technical assistance and on the job training. These investments are thought to be

infrastructure improvements deemed necessary to promote business growth in an area. A good example of this type of economic incentive is money used to bring film production in New Mexico. The New Mexico Film Office estimated that by the end of 2007, the incentive program had brought more than 85 film projects to the state since 2003 and in so doing had contributed $1.2 billion to the state’s economy. Among the hoped for residual effects of this type of increase in economic activity is job growth. Production companies that use New Mexico to produce media

particularly important to burgeoning industries and new technologies in energy and computer science that are seen as driving forces of the future of our state’s economy.

THE VIEW THAT STATE TAX INCENTIVES ARE COUNTERPRODUCTIVE SERVING ONLY TO PIT STATES AGAINST ONE OTHER IN AN ATTEMPT TO ATTRACT BUSINESSES AND PROMOTE JOB GROWTH, STANDS IN OPPOSITION TOTHAT WHICH HOLDS THAT THESE INCENTIVES ARE VITALLY IMPORTANTWHEN CONSIDERED WITHIN THE CONTEXT OF A NATIONAL AND WORLD ECONOMY DRIVEN BY A NEED FOR SKILLED WORKERS IN A VARIETY OF FIELDS. WHAT DO YOU THINK? IS IT APPROPRIATE FOR THE STATE OF NEW MEXICO TO SPEND TAX REVENUES TO ATTRACT JOBS AND BUSINESSES? ANSWERS WILL VARY SIGNIFICANTLY ON THIS POINT THOUGH IT IS IMPORTANT TO REMEMBER THAT NEW MEXICO CURRENTLY RANKS 43RD IN THE NATION IN TERMS OF PERSONAL INCOME, IT MAY BE WITH THIS IN MIND THAT REVENUE ENHANCEMENT ASIDE STATE INCENTIVES HAVE A PLACE IN TERMS OF JOB TRAINING. _______________________________________________________________________________________________ ______________________________________________________________________________________________ _______________________________________________________________________________________________

CITY PLANNING AND URBAN DEVELOPMENT

1. PREDICT CONSEQUENCES URBAN DEVELOPMENT BASED UPON REDUCING ENVIRONMENTAL IMPACT. DUTIEANSWER: REDUCED CARBON EMISSIONS, IMPROVE QUALITY OF LIFE, SUSTAINABLE USE OF NATURAL RESOURCES. 2. LIST SOME OF THE ADVANTAGES TO THE UTILIZATION OF SOLAR ENERGY AND CONTEMPORARY ARCHITECTURE. ANSWER: MINIMIZING ENVIRONMENTAL IMPACT REDUCING ENERGY CONSUMPTION, IMPROVING SCALE OF ECONOMY FOR RENEWABLE ENERGY PRODUCTS. 3. EXAMINE SOME OF THE ADVANTAGES TO SELF-CONTAINED COMMUNITIES. ANSWER: MINIMAL TRANSPORTATION COSTS, ACCESS TO PUBLIC TRANSPORTATION, PEDESTRIAN CORRIDORS, THE POSSIBILITY OF BIKE PATHS WORKING AND SHOPPING WITHIN A LOCALIZED AREA. EXPLAIN THE ORIGIN OF RACIAL DATA USED TO DETERMINE RATIOS. ANSWER: RACIAL DATA IS TYPICALLY DERIVED FROM FEDERAL CENSUS BUREAU ESTIMATES USING DATA OBTAINED FROM SELF IDENTIFICATION QUESTIONS SUMMARIZE THE CONCEPT OF MINORITY MAJORITY STATE AS IT RELATES TO NEW MEXICO. ANSWER: NEW MEXICO HAS BEEN A MINORITY MAJORITY STATE FOR MUCH OF ITS RECORDED HISTORY, AND GIVEN CURRENT THE DEMOGRAPHIC NUMBERS IT APPEARS AS THOUGH IT WILL BE AGAIN WITHIN THE NEXT FEW DECADES. DEFINE MINORITY MAJORITY STATE. ANSWER: MINORITY MAJORITY IS A TERM USED TO DESCRIBE A US STATE OR OTHER JURISDICTION WHERE A MAJORITY OF ITS CITIZENS FALL INTO THE CATEGORY OF OR RACIAL MINORITY. IN WHAT YEAR WAS THE FIRST SEAL OF NEW MEXICO DESIGNED? ANSWER: 1951 EXPLAIN THE SYMBOLS CONTAINED ON THE GREAT SEAL OF NEW MEXICO. ANSWER: IN THE EARLY 1860S AN UNKNOWN OFFICIAL ADOPTED A NEW SEAL UTILIZING A DESIGN SIMILAR TO TODAY’S GREAT SEAL. IT FEATURED THE AMERICAN BALD EAGLE, ITS OUTSTRETCHED WINGS SHIELDING A SMALLER MEXICAN EAGLE, SYMBOLIZING THE CHANGE OF SOVEREIGNTY FROM MEXICO TO THE UNITED STATES IN 1846. THE SMALLER MEXICAN BROWN, OR HEARTBEAT NEEDLE GRASPED A SNAKE IN ITS BEAK AND A CACTUS IN ITS TALONS, PORTRAYING AN ANCIENT AZTEC MYTH. THE OUTSIDE RIM OF THE SEAL CONTAINED THE WORDS “TERRITORY OF NEW MEXICO”, WITH THE DATE 1850 ALONG THE BOTTOM IN RO-

MAN NUMERALS. DESCRIBE THE SYMBOLOGY ON THE FLAG OF NEW MEXICO. ANSWER: THE RED SUN SYMBOL WAS CALLED A “ZIA” AND IS DISPLAYED AGAINST A FIELD OF YELLOW. THIS ICONIC DESIGN IS ILLUSTRATIVE OF THE PUEBLOS TRIBAL PHILOSOPHY, WHICH ADVOCATES HARMONY WITH ALL THINGS IN THE UNIVERSE. EMBLEMATIC OF THE SACRED NATURE OF THE NUMBER FOUR TO THE ZIA, THE CENTRAL FIGURE IS COMPOSED OF A CIRCLE FROM WHICH FOUR POINTS RADIATE IN FOUR DIRECTIONS. EACH POINT SYMBOLIZES ONE OF THE FOUR CARDINAL DIRECTIONS, NORTH, SOUTH, EAST AND WEST. CONTAINED WITHIN THAT SYMBOLOGY IS ALSO A REFERENCE TO THE WORLD WITH ITS FOUR NATURAL SEASONS: THE DAY, WHICH IS BROKEN INTO FOUR COMPONENTS SUNRISE, NOON, EVENING AND NIGHT; THE NUMBER FOUR ALSO SYMBOLIZES LIFE, WITH ITS FOUR DIVISIONS – CHILDHOOD, YOUTH, ADULTHOOD AND OLD AGE. ALL FOUR POINTS ARE INTERCONNECTED VIA THE CENTRAL CIRCLE WHICH SYMBOLIZES THE CIRCLE OF LIFE, EXISTING WITHOUT BEGINNING OR END. FINALLY A PRIMARY COMPONENT OF PUEBLO RELIGIOUS BELIEF IS THAT IN THE BROTHERHOOD OF ALL THINGS PEOPLE HAVE FOR SACRED OBLIGATIONS: TO DEVELOP A STRONG BODY, A CLEAR MIND, A PURE SPIRIT, AND DEVOTION TO THE WELFARE OF ALL PEOPLE. THE COLORS OF THE NEW MEXICO FLAG, RED AND YELLOW ARE EMBLEMATIC OF ISABEL D. A WHICH THE SPANISH CAN CASE TO DOORS BROUGHT TO THE NEW WORLD. THE SYMBOLS PROPORTIONS ARE ESTABLISHED AND FIXED BY LEGISLATIVE ACT, WITH THE FOUR GROUPS OF RAY’S SET AT RIGHT ANGLES THE TO ENTER RACE 1/5 LONGER THAN THE OUTER RACE. THE DIAMETER OF THE CIRCLE IN THE CENTER IS ONE THIRD THE WIDTH OF THE SYMBOL.

leadership

ew Mexico has been graced with people throughout history who have been leaders in one way or another. When the world was at war in the middle of the 20th century, the Allied powers turned to J. Robert Oppenheimer, as well as other scientific luminaries and their leadership, to help to find an end the war. In another time and in another way Juan de Onate was chosen by the King of Spain to established the first European colonial outpost in New Mexico and serve as its first Governor. Some New Mexicans have been placed in leadership roles others have assumed that role for themselves, including Alfred Stieglitz, Edward Teller, Clyde Tombaugh, Mark Simmons, DH Lawrence, Kit Carson and Paul Horgan. Where Oppenheimer succeeded in accomplishing the formidable task before him and fulfilling his duty, New Mexico’s first Governor put selfservice before responsibility, and was ultimately recalled to Spain, to stand trial. Bear this in mind when considering on the following long list of notable New Mexicans. Leaders sometimes act in ways that are seen through the eyes of history as noble in nature, sometimes the actions of notable people have decidedly negative motivations and consequences. Leadership, while frequently hard to quantify in terms of individual traits, may be seen reflected in the influence of a person over people, time and place. Leadership may also arise naturally from the ability of one person to see the world in a unique way. This is true of consummate writers and artists, it is also true of consummate politicians. John F. Kennedy said that “men see the world as it is and ask why, I see the world as it could be and asked why not.”

Sometimes leadership means creating a way for people to contribute by crafting something extraordinary. Lorenzo Pimentel, has for half a century created of some of the finest guitars in the world, but his influence extended beyond the world of consummate concert artists. His sons, all master guitar builders and musicians now also offer the world similar gifts, including the official state guitar of New Mexico. New Mexico has produced writers, cartoonists, explorers, inventors, artists, singers, scientists, and astronomers. In fact one would be hardpressed to think of a discipline that has not been elevated by a son or daughter of New Mexico. The question becomes then, what is effective leadership? What are the qualities that allowed these people to become who they were, prominent in their fields? This is one of the questions to hold forefront in your mind when you choose among the following list of famous New Mexicans, the two about whom you would like to write a brief, 2 to 3 page biography. Take your time to research their lives, accessing biographical information from resources including your library, and Internet. Remember to consider these people within the context of their time and place. This will inform your writing in ways that a consideration of their accomplishments cannot. What were character traits prominent in your subject? How did these traits influence your subjects endeavors? How was their impact felt at the time? What has been the lasting effect of their lives on New Mexico culture politics or economy? Include in your biography some of yourself. Allow your readers to feel what you feel for your subject, positive or negative, this will lend a depth and humanity to your character analysis that no recitation of facts can achieve.

New Mexico leaders

Murray Gell-Mann, Nobel prize-winning physicist Geronimo, Apache chief Robert H. Goddard, developed world's first liquid-fuel rocket Glenna Goodacre, sculptress Edward Gonzales, artist R. C. Gorman, artist Sidney Gutierrez, astronaut Gene Hackman, actor Donald Hamilton, mystery writer William Hanna, cartoonist Neil Patrick Harris, actor Elizabeth Case-Harwood and Burt Harwood, art patrons Edward Hatch, general Tony Hillerman, novelist Conrad Hilton, founder of Hilton hotels Buddy Holly, singer Dennis Hopper, actor Paul Horgan, historian Allan Houser, sculptor Peter Hurd, painter Aldous Huxley, novelist and essayist Don Imus, radio show host Burl Ives, musician Will James, Western legend Janis Joplin, singer Mike Judge, creator of Beavis and Butt-head Stephen Watts Kearny, general Charles Kennedy, Western legend Jan Kerouac, author Black Jack Ketchum, train robber Val Kilmer, actor

Ralph Kiner, baseball player J. Z. Knight, channeler of Ramtha John Kremer, author of 1001 Ways to Market Your Books, Celebrate Today, and The Biology of Business; founder and member of the Self-Publishing Hall of Fame; maintainer of this web site; self-promoter Oliver LaFarge, novelist Bishop Lamy, Catholic bishop Octaviano Larrazolo, U.S. senator and first naturalized American and Hispanic to serve as a senator D. H. Lawrence, novelist Timothy Leary, psychologist and drug experimenter John Lewis, founder of Modern Jazz Quartet Samuel Lewis, Sufi teacher Ottmar Liebert, composer and guitarist Milton Livingston, builder of Cyclotron Gregory Lomayesva, artist Nancy Lopez, golfer Mabel Dodge Lujan, author Manuel Lujan Jr., U.S. secretary of interior Solomon Luna, Valencia County politician Douglas MacArthur, general Tommy MacDonald, football player Shirley MacLaine, actress Marisa Maez, TV news anchor Mangas, Apache chief Agnes Martin, artist George R.R. Martin, science fiction and fantasy novelist Maria and Julian Martinez, potters Padre Martinez, social reformer who also brought the first printing press to New

New Mexico leaders Ben Abruzzo, balloonist Ansel Adams, photographer Larry Ahrens, radio talk show host Paul Allen, founder of Microsoft Clay Allison, outlaw Rudolfo Anaya, author Dianne Anderson, radio talk show host Lynn Anderson, country singer Maxie Anderson, balloonist Johnson Antonio, woodcarver Manuel Armijo, New Mexico governor Elfego Baca, lawman Jimmy Santiago Baca, author Kathy Baker, actress Josef Bakos, painter Gertrudis Barcelo, women gambler Patrocinio Barela, woodcarver David Barsky, storyteller and author Maria Benetiz, flamenco dancer Charles Bent, New Mexico governor Bryan Berg, world record-breaking card stacker Oscar Berninghaus, artist Hans Bethe, physicist Jeff Bingaman, U.S. senator Sarah Bird, novelist Michael Blake, novelist Ernest Blumenschein, artist William Bonney (aka Henry McCarty, Henry Antrim, and Billy the Kid), outlaw Kent Bostick, Olympic cyclist Richard Bradford, novelist Nacio Herb Brown, songwriter J. B. Bryan, publisher, La Alameda Books Alice Bullock, folklorist Ralph Bunche, Nobel Peace Prize winner Bruce Cabot, actor Glen Campbell, singer

T. C. Canon, artist Cathy Carr, Olympic swimmer Lena Carr and A. A. Carr, filmmakers Kit Carson, explorer and lawman Willa Cather, novelist and short story writer Dennis Chavez, U.S. senator Fray Angelico Chavez, author Maurus Chino, founder of the Southwest Indigenous Alliance Jan Clayton, actress Cochise, Apache chief Buffalo Bill Cody, wild west showman Henry Connelly, New Mexico governor E. Irving Couse, artist Bob Crosby, rodeo cowboy Francisco Cuervo y Valdes, provisional Spanish governor Ram Dass (Richard Alpert), psychologist and spiritual leader Juan Bautista de Anza, New Mexico governor Clarita Garcia de Aranda, flamenco dancer Ezequiel de Baca, first Hispanic governor in U.S. Francisco Vázquez de Coronado, explorer John Denver, singer Antonio de Ortermin, New Mexico governor Don Pedro de Peralta, New Mexico governor Álvar Núñez Cabeza de Vaca, explorer Diego de Vargas, New Mexico governor David DeWitt, novelist Bo Diddley, singer Trent Dimas, Olympic gymnast Mabel Dodge, heiress, author, and literary philanthropist Pete Domenici, U.S. senator

principles of government PURPOSE: The intent of this activity is to introduce students to the meaning of the word â&#x20AC;&#x153;government.â&#x20AC;? The students will examine why society needs a government to exist. The activity can also serve as an introduction to the foundations of American and New Mexico government and democracy: The Declaration of Independence, Articles of Confederation, state and federal Constitution, and Bill of Rights OVERVIEW: What does one mean by the word "government?" What first comes to mind might be the manifestations of power, the United States Capitol in Washington D.C., the roundhouse and Santa Fe, or even your local city hall. Others may interpret government as the elected officials (president, congressmen and congresswomen, state representatives, mayors, and councilmen) that temporarily represent it. Many others see law enforcement officers and the rules and regulations they enforce as being the face of government. Finally, some may view government as being the closest authority over them--school officials (teachers) and the rules they must enforce. While all of the above are components of larger governmental structures, government itself has implications beyond all of them. In the United States government is at once power and service, both, as a representative democracy, ultimately derived from the consent of the people. OBJECTIVES: Students will be able to: State the reasons as to why a government is essential, and identify the services it provides. Define the meanings of the words "republic" and "democracy" (direct and representative), identifying ideas by values found in the Declaration of Independence, Articles of Confederation, Constitution, and Bill of Rights. List and understand the basic freedoms that are guaranteed to all Americans through the Bill of Rights. ACTIVITIES: Write the following statement on the chalkboard: TO BE FREE, ONE MUST BE INFORMED. Have students take 5-10 minutes to consider the implications of this statement, and articulate these thoughts in writing in a half-page or less. After completion, ask each student read his/her paper while listing the main points under the statement on the chalkboard. Would it not be possible for any citizen to continue to enjoy the benefits of a free and open society without understanding and participating in the important considerations that allow the perpetuation of such a society? Do we, as the ultimate authority in our nations and in our states democracy have the luxury of not participating in its success and survival? Lead the students in a discussion that includes consideration of roads, bridges, police protection, in short the things which we as individuals cannot do for ourselves but which collectively we are able to do as a society. Then, have the students consider the situation of billions of people around the world who are living without the advantage of these components of modern society. Ask your students to consider what is truly required of each and everyone of us as both citizens, and the highest authority in our representative form of democracy. Now lead a discussion that centers on the question of whether or not your students believe that day, or people they know, are exercising their patriotic duty to the best of their ability. Ask them to consider the importance of a well-informed electorate, meaning people who actively seek to understand compelling rationale for and against proposals regardless of the ephemeral considerations of personality or party affiliation. Finally, have the students examine how they, as individuals, play a very important role in the function of government. Have the students consider the following questions: a. What are the duties and responsibilities of a citizen of the United States? b. What is the role you play in government as a constituent to legislative representatives, and as an advocate for sound governmental policies? (These two questions may be used as a homework assignment) RESOURCES/MATERIALS NEEDED: The Declaration of Independence The Articles of Confederation The Constitution The Bill of Rights TYING IT ALL TOGETHER: Finish with a discussion including aspects of an ideal society. Help your students understand that an idealized society is only possible where the majority of participants are well-informed and have the interest of the community forefront. Consider the words of John F. Kennedy â&#x20AC;&#x201C; ask not what your country can do for you ask what you can do for your country.

New Mexico Classroom election

PURPOSE: Students will be able to classify political parties between the radical-conservative range. Students will identify their interests with a political party.

OVERVIEW: The Voting Game is designed to introduce the student to voting patterns and how political parties are used for social change. It is flexible enough to use at any time during the year. OBJECTIVES: The students will be able to: Build a political vocabulary. Describe political movements and their effect on social change. ACTIVITIES: Procedure: Lecture, make clear the political options within a society. These options are; limited social change, moderate social change, radical social change. These categories are displayed upon the chalkboard as: Radical - Liberal - Conservative (Left) (Right) 1st vote | | 2nd vote | | 3rd vote | | 2. Introduce the “Sealed Envelope”. This is held by one of the students until the end of the game. It contains the logical predictions of the voting, as well as adding suspense to the game. Explain the role-playing concept and pass out the role- playing cards. No talking is allowed and no student can look at a card until told to do so. A vote is taken after reading each card. Compare the student voting with the sealed envelope. Each student is required to make a statement explaining why they voted the way they did. Homework. Each student is required to write a one-page paper which discusses at least three factors which influence voting patterns. ROLE-PLAYING CARDS: Situation 1a: You are the owner of a large business. You take three vacations a year, and you drive a Porsche. 2a. The stock-market has just crashed and your business suffers. It looks like you will be only able to take two vacations this year. 2b. The stock-market has crashed and wiped you out. You have to sell all assets, your house, cars, and clothes. You’re forced to live on the street and beg food. 3a. The stock-market has recovered and you have landed many new contracts. You look forward to four vacations this year and another new car. 3b. You finally get a job in a factory. It isn’t much but you can afford an apartment. Situation 1a: You are a business executive for a large company. You support your family in an upper-middle class style. You own a large house and two new cars. 2a. The economy goes into a recession and you are laid off of your job. You have a hard time getting another job because of your age and the economic climate. Your savings are being spent quickly. 2b. The economy goes into a recession and you are laid off of your job. You are forced to sell your house and cars. Your family moves into a cheap apartment and you are forced to feed your family with food stamps. Time is running out. 3a. You finally get a low-paying job with another company. It isn’t much but it pays the bills. 3b. You finally get a job working in a hot dog stand. It isn’t much but it pays the bills. Situation 1a: You are a college student and you are having a great time in college. You go to a lot of parties but still manage to “make the grade”. 2a. The economy goes into a depression and your dad loses his job. You are forced to drop out of college and get a job to support your family. The only job you can find is in a slaughter-house. 3a. The economy recovers and you are able to return to school. You are a more serious student now. 3b. Because of your limited education you are promoted to foreman. You are given a raise and benefits. Situation 1a: You are a skid row panhandler. You sleep in doorways and panhandle money to buy wine. (NOTE: After the “panhandlers” have voted, erase their vote. Panhandlers typically don’t vote.) 2a. You panhandled enough for a bottle of wine. The next day you decide to give up drinking, but you can’t find a job because of the economy. 2b. You panhandled enough for a bottle of wine. The next day you decide not to panhandle and you get a job in a hot dog stand. It isn’t much but it’s a start. 3a. You panhandle enough to buy a lottery ticket. It turns out to be a winner and you are rich. 3b. You have saved enough money to buy the hot dog stand. You are now the owner

New Mexico The Constitution & Governmental Branches OBJECTIVES: Students will be able to: 1. Identify the three branches of American government. 2. Describe the function of each branch of government. 3. Explain how the "checks and balances" system functions to protect the individual citizen from illegal power hungry politicians. 4. Describe how each branch of government is "separate" in its powers to the other branches of government. 5. Explain the amendments to the Constitution function today.

OVERVIEW: The highest law of the land in the United States is the Constitution. This is the basic principle we want students to understand and support in our social studies classes. Associated with the knowledge of the Constitution are several fundamental ideas: checks and balances, separation of powers, Bill of Rights and amendments. PURPOSE: To encourage students to comprehend these points of emphasis and relate them to the study of the three branches of our federal government. Several activities are described. ACTIVITIES: The following ideas will prepare students for their explanation of the Constitution: The Power Game -- Checks and Balances in the Constitution: 1. Divide the class into three groups: Executive, Legislative and Judicial branches of government. Each student should have a copy of the Constitution with them. 2. In each round the teacher will give each branch of government an opportunity for an unconstitutional "Power Grab". The remaining two groups have two minutes to find proof from the Constitution (amendments included) by Article, section and clause, why the power grab is unconstitutional. 3. When a person thinks he finds the appropriate check he yells "check". He must be preparedto respond with the answer immediately. If wrong, others may try to block the grab for power with the two minutes, alternating between branches until the two minutes are gone or the answer is correct. 4. When checked correctly, the branch received 10 points. If no one gets the correct answer, the branch grabbing power gets 5 points. No penalty for wrong answers. 5. A round is a question for each branch. Power Grabs: President - The President decides that Congress will meet in regular session on December 15 of each year. (Amendment 20, Section 2) Congress - Congress decides to impeach the president with the President Pro-Temp of the Senate presiding. (Article I, Section 3, Paragraph 6) Courts - The ambassador to Spain is brought home and tried in a New York court for crimes. (Article III, Section 2, Paragraph 1) President - The President orders that a mass murderer be sent back to Washington from Oregon. (Article IV, Section 2, Paragraph 2) Congress - A House member dies, the House takes four days off to mourn but the Senate says they can only have two days off. (Article I, Section 5, Paragraph 4) Courts - The Court rules that the heads of departments may no longer make appointments of inferior officers, but only the President of the U.S. (Article II, Section 2, Paragraph 2) President â&#x20AC;&#x201C; presidential aide is convicted of obstruction of justice and is subsequently given a presidential pardon(Article II, Section 2, Paragraph 1) Congress - Congress passes a law naming 15 university students guilty of crimes against the government - orders them expelled from school. (Article I, Section 9, Paragraph 3) Courts - A male teacher sues over sexual discrimination by taking the case directly to the Supreme Court. (Article III, Section 2, Paragraph 2) Your land is in the way of a federal highway, so the state appropriates your land without compensation. (Amendment 5) Congress - Congress passes a law that says you can sue your state in federal court. (Amendment 11) Courts - The Court rules that income tax is illegal and you don't have to pay. (Amendment 16) Congress - Congress decides because of the contributions of a baseball player and honor them with a special day (Article I, Section 10, Paragraph 1) Courts â&#x20AC;&#x201C; courts rule on the constitutionality of a judicial appointment. (Article I, Section 6, Paragraph 2) President - The President, concerned about drug violations in the state of Washington, allows the Governor and Attorney General impose martial law for a period of one month. (Article IV, Section 4) Congress - Congress decides to change the Constitution to allow the President to be elected to one term of six years. (Article IV or Amendment 22) Courts - The Supreme Court upholds the decision of the lower court and a criminal conviction. (Article III, Section 3, Paragraph1) RESOURCES/MATERIALS NEEDED: A copy of the U.S. Constitution for each student. TYING IT ALL TOGETHER: The understanding and study of the 161 Constitution can be interesting and exciting to students when a variety of methods and activities are used. six

New Mexico Parliamentary Procedure OBJECTIVES: 1. To learn about parliamentary procedures. 2. To enable students to generate their own ideas as basis of making laws and become better advocates of these ideas. 3. To develop leadership skills. 4. To develop communication skills through debate and speech. 5. To learn about contemporary issues. 6. To learn and understand the workings of democracy.

OVERVIEW: Many students do not understand the process of lawmaking. Neither do they know the basis of these laws. where do laws come from? The intricacies of law-making and the length of time it involves are not clearly understood. PURPOSE: This activity can be implemented in all grade levels, (9th - 12th). The purpose of this activity is to get the students involved in the legislative process of law-making by assuming different roles and understand the relevance of these laws to their lives.

ACTIVITIES AND PROCEDURES: Before the activities begin, the teacher must have discussed with the students the importance of the different committees in Congress, such as Rules Committee, Ways and Means Committee, Appropriation Committee, Armed Services Committee, Education Committee, etc. Students must also have been familiarized with the steps on how a bill law. This activity allows for 3-5 class meeting. Each student should have prepared or written a bill on any subject of his/her own choice following the sample or format specified by the teacher. At the end of the activity, students will also be asked to evaluate their own peers following these criteria. (See attached form) EVALUATION ON ORAL PRESENTATION Evaluated by:___________________ NAME OF PRESENTER _____________________________ Rate the individual according to the following criteria. Circle a number the scale from 1 - 10. 1lowest score, 10- highest score. __________________________________________________________ Content 1 2 3 4 5 6 7 8 9 10 (evidence of research) __________________________________________________________ Create/Orginality 1 2 3 4 5 6 7 8 9 10 (Use of audio/visual aids) __________________________________________________________ Clarity/brevity 1 2 3 4 5 6 7 8 9 10 (conciseness) __________________________________________________________ Organization/ logical 1 2 3 4 5 6 7 8 9 10 sequence __________________________________________________________ Style of presentation 1 2 3 4 5 6 7 8 9 10 __________________________________________________________ Total Points GRADE DISTRIBUTION: 45-50 A 40-44 B 35-39 C 30-34 D Comments/Suggestions; 1. Students will be divided into groups of 4-5 members each. Each group will assign different committee chairperson and a recording secretary. 2. Each committee will discuss the different bills written by each student before the activity. The committee chairperson will lead the discussion. Each student must be given at least 2 minutes to present his/her bill. 3. After the discussions, each committee will choose one particular bill to propose to the whole assembly of legislators. This shall be done through voting. Teacher should remind students that decisions should be done through majority vote. 4. After a bill has been considered, the committee will now decide what changes to make, if any, this is called the mark-up session. 5. When all changes have been made, the committee votes either to kill the bill or to report it. 6. If the committee decides to report it, they send the revised bill to the whole legislative assembly. All the members of the committees will now assume the role of the whole assembly. At this point the following leaders are chosen, presiding officer, or speaker, Sergeant at Arms, and recording-clerk. 7. Each committee will present its own proposed bill by allowing a student speaker to present the bill to the whole assembly. After the presentation, questions will be asked by members of the assembly. These questions must be on the mechanics of the Bill of Rights, allot five members for each bill. 8. After all committees have made their presentations, members of the assembly will now vote for the bill(s) they would propose to become a law(s). 9. At the end of the activity , the students will evaluate the performance of their peers based on the criteria given to them by the teacher at the beginning of the activity.

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New Mexico Classroom Election OBJECTIVES: After this lesson students should be able to... 1. Identify various racial, cultural, and/or socio-economic groups that have been targets of inequality and intolerance. 2. Discuss the components which lead to intolerance through a cause and effect framework. 3. Offer written and oral proposals to solve inequality and intolerance on a local, state, national, and global scale. 4. Identify and seek to end inequality and intolerance in their own personal lives and racial, cultural, and socioeconomic circles.

Students often fail to feel and understand the impac t of racial, cultural, and/or socio-economic intolerance in their own lives in relation to other individuals. For this reason, this lesson is intended to deliver a vivid portrayal of intolerance and inequality as well as provoke a response to the various types of intolerance that exist in our multicultured society. PURPOSE: The intent of this lesson is to provide various activities that will provide the student with a deeper understanding of relationships and intolerance that has existed in our society both past and present. Because teachers should be story tellers, we must provide education that can be seen, felt, tasted, heard, smelled, and touched. It is only through a deeper understanding of the diverse people around us will we begin to realize success in solving the worlds most elusive problem- PEACE. RESOURCES/MATERIALS: poster board, markers, videos, "Animal Farm", guest speakers. ACTIVITIES AND PROCEDURES: Students should be asked to orally list several incidences in which they have been the recipients or the perpetrators of racial, cultural, and/or socioeconomic intolerance. * Students should be asked to discuss why they were recipients or perpetrators of this intolerance. Discuss with students how they felt during and after their experience with intolerance or injustice. Show video clips of individuals who have either been the recipients or perpetrators of racial, cultural, and/or socioeconomic intolerance. * Discuss with students the scenes viewed during and after the film clips. List individuals or groups in history who have either been the recipients or perpetrators of racial, cultural, and/or socioeconomic intolerance. Students should be encouraged to list and discuss the cause and effect relationships for these incidences of intolerance throughout history. Using one or all of the following familiar tales, develop a monologue, talk show, or a vignette (using students or not) and discuss an incidence of intolerance due to racial, cultural, and/or socioeconomic reasons. * The dialogue in this activity can be taken from actual speeches made by characters in history, literature, or personal information. A. Three Little Pigs: Why did the Wolf seek to destroy the pig species? What does the wolf have to say and what do the pigs have to say? What would be the result of the destruction of the pig species? How could the issue be resolved peacefully? (Create your own questions) B. Cinderella: Why was Cinderella the object of her families abuse? Why did she not feel comfortable attending the dance (with all the aristocrats) in one of her own dresses? What problems might arise as she develops a relationship in a ne w socioeconomic group? (Create your own questions) C. The Ugly Duckling: What physical difference or deformities cause the duckling to be an outcast? What positive and negative aspects of the ducklings physical differences can we find? How can the physical differences be used for the ducklings benefit? Was the ducklings final transformation into a beautiful swan physical or mental? (Create your own questions) 7. Read or discuss George Orwell's Animal Farm

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New Mexico The justice system OBJECTIVES: As a result of this activity: 1. The student will investigate the criminal justice system. 2. The student will analyze the 7 Articles to the Constitution. 3. The student will develop problem-solving and critical-thinking skills.

OVERVIEW: This lesson will allow students to experience brainstorming and open-ended questioning strategies and research to develop a better understanding of the justice system. PURPOSE: To provide an opportunity for students to discuss both strengths and weaknesses of the court syste m in providing equal justice for all and to identify factors that cause these weaknesses and recommend solutions. RESOURCES/MATERIALS NEEDED: 1. Attitudinal Survey. 2. Picture of the Supreme Court Building emphasizing motto "EQUAL JUSTICE FOR ALL." 3. Picture of symbol of justice (blindfolded woman holding balance scale). 4. United States Constitution 5. State Constitution 6. Guest speakers (attorney, judge) 7. Library 2. 3. ACTIVITIES AND PROCEDURES: 1. Students take attitudinal survey. 2. Brainstorm "Equal Justice for All" motto on Supreme Court Building. Students write their opinions of what the motto means. a. Show picture of symbol of justice. b. Ask: What is the meaning of the symbol? c. Why is the woman blindfolded? d. What does the scale stand for? 3. Constitution Search: Point out "establish justice" as purpose outlined in Preamble. Have students search the Constitution to find ways this purpose is carried out. (Use only the 7 Articles to the Constitution.) 4. Guest: Invite a local trial court judge to discuss the organization of the court syste m. 5. Guest: Invite an attorney to visit. Raise questions about appeal, time involved in judihecation, and fairness of the system. 4. TYING IT ALL TOGETHER: 1. Students complete attitudinal survey and discuss. 2. After the visit from a local trial court judge have students construct a diagram of the applicable federal and state courts for their jurisdiction. Debrief: Does the flow chart indicate an effort to provide "equal justice?" Ask for suggestions to improve the system. 3. Encourage all students to share the results of this activity with their parents/guardians. 4. Use this activity to introduce the first unit or lesson. 5. ATTITUDINAL SURVEY Instructions: For each of the following statements, put a check in the column which corresponds most closely with your opinion. SA A U D SD 6. 1. In a court of law, the defendant is always treated justly. 2. Trial by jury should be abolished. 3. A person is always considered innocent until proven guilty. 4. The more money you have, the more likely you are to be proven innocent. 5. Everyone should be required to serve on a jury at least once in his life. 6. Courts are too lenient with criminals. 7. People who have low IQ's should not be allowed to serve on juries 8. In the United States, every defendant who requests a jury trial is actually tried by his peers. 9. All judges should be elected by the people they serve. 10.People who do not agree with the outcome of their trial should only be allowed to appeal their case one time. 11.The news media should be allowed to cover all trials without restriction because the Constitution guarantees the right of freedom of the press. 12.Courts usually see that justice is served. 13.People charged with serious crimes should not be allowed out on bail. 14.Most trials should take place without a judge since his role is only to umpire the proceedings. 15.The judicial syste m in the United States is probably the best system which has ever been developed. 7. KEY: SA=Strongly Agree / A=Agree / U=Undecided / D=Disagree / SD=Strongly Disagree

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New Mexico Mock trial OVERVIEW: A mock trial is a valuable learning experience in many ways. It may be used to help students learn about: 1. Specific areas of law 2. Courtroom procedures 3. Roles of courtroom personnel 4. How U.S. courts resolve conflicts peacefully Through participation in mock trials and analysis of the activity, students gain an insiders perspective on court room procedures.

PURPOSE: While learning the details of trial process and procedures, students are also developing a number of critical skills that are universally necessary: 1. critical analysis of problem 2. strategic thinking 3. questioning skills 4. listening skills 5. skills in oral presentation and extemporaneous argument 6. skills in preparing and organizing material Of particular interest is the high level of cooperation among students needed for successful mock trials. Recent research findings indicate that such findings indicate that such cooperative learning activities encourage significant cognitive achievement among students from a variety of backgrounds and also improve student attitudes toward school and each other. Other positive results - They challenge students, encourage field trips and use of resource persons (visits to court houses and visits by judges and attorneys are a natural accompaniment to mock trials), they also are fun. Participation in mock trials helps students to understand better the roles that the various actors play in the justice syste m and also the difficult conflicts those persons must resolve daily in performing their jobs. On a more complex level, mock trials also provide students with an excellent vehicle for the study of such fundamental law-related concepts as authority and fairness. Through participation in mock trials and analysis of the activity, students gain an insiders perspective on court room procedures. Mock trials help students gain a basic understanding of the legal mechanism through which society chooses to resolve many of its disputes. RESOURCES/MATERIALS: If you have access to an attorney who will help with a guest visitation during your mock trial program he\she would be able to get the various forms which you can then reproduce. You may also contact; National Institute for Citizen Education in the Law 25 E. Street N.W. Suite 400 Washington D.C. 20001 (202) 662-9620 For information on case materials designed especially for mock trials contact; Social Studies School Service 10200 Jefferson Boulevard Culver City, California 90232 ACTIVITIES AND PROCEDURES: 1. A mock trial project should involve every student in the class for the entire unit. Students not assigned specific, active roles quickly loose interest 2. The trial itself has room for roles other than attorneys and witnesses. They include: a. Judges or juries b. Clerk or Bailiff c. Members of the jury e. Court artist f. We also film the entire case so a camera operator is needed. (Parents request to see the film and really enjoy it.

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New Mexico Entrepreneur OBJECTIVES: l. Awareness of factors that effect a local economy. 2. Transfer of this knowledge to a national level.

TITLE: ENTREPRENEUR OVERVIEW: This activity is used as a group activity. The students work in groups of four to establish a profitable business that also helps the economy of the community. Give students 2-4 days to do research-- then schedule presentations. PURPOSE: This activity involves students with economic factors at a local level.

RESOURCES/MATERIALS: Area codes for your location. County and city officials can be helpful. ACTIVITIES AND PROCEDURES: Divide the class into groups of four. One group will play the role of city council. City Council Role: a. research: l) What the community needs. 2) What will be the long term as well as the short term effects. 3) What permits, etc., will be required. 4) What is the opposition? b. Presentations: l) Listen and question the group enterprises will be approved. Group Roles: (Each additional group represents private business and has a beginning capital of $1,000,000 a. Research: l) What does the community need? 2) Decide on one enterprise 3) What will be the effects 4) What permits, etc. will be required 5) Additional capital 6) Specific location 7) Number of employees 8) Future Development. b. Presentation to the city council. *Note: I also frequently allow students to testify at the hearing against enterprises in an attempt to sway the council.

** Brainstorming prior to the activity about state or local economic problems sometimes will motivate the students to become more actively involved in the group activity. Also consider economic incentives offered by the state of New Mexico for filmmakers and companies producing components for the development of renewable energy. Projects may also include changes in infrastructure, the development of additional high-speed rail lines and residential districts that integrate housing with business and quality of life components such as green zones, parks, entertainment centers etc.

New Mexico World War II OVERVIEW: This activity is designed to help students appreciate the geography, actions, and relationships of countries involved in World War II. PURPOSE: The floor map gives students a different perspective of geography and an opportunity to creatively demonstrate the knowledge they have gained. It reinforce traditional map work and builds confidence.

OBJECTIVES: The students will: 1. Create their own map of Europe, Northern Africa, and the Pacific. 2. Locate, identify, and speak for one of the countries involved. 3. Classify the country they represent as an Axis Power or as an Allied Power. In order to facilitate this activity, arrange the classroom desks in a large circle. A large area of floor space is needed. RESOURCES/MATERIALS: STUDENT MATERIALS: Text with map or references, various colors and sizes of poster board or construction paper, scissors, markers, pointeror yard stick. TEACHER MATERIALS: Sheets of paper with names of countries writtenon themand headings as mentioned in activity ACTIVITIES AND PROCEDURES: 1. Using various sizes, shapes, and colors of poster board material or construction paper, assist the students in creating their own geometrical map. Do not cut out the outline of countries but do try to consider shapes and proportions. Have students use references and assist one another. (For example: They might use one square sheet of black poster paper to represent Germany. A long rectangular piece of red papercould represent Italy, etc.) Let the floorbe the water area. 2. Direct students to select an appropriate shape and color for each country and to print the country's name on it. Do not tape, glue or in anyway try to permanently adhere these together. Students will simply place the paper on the floor, overlapping or underlapping as they see fit. Allow students to adjust, tosuggest alterations, and to change the arrangement until they are satisfied that they can clearlyrecognize their map. 3. Use a yard stick or pointer to locate geographical features and to review relationships between countries and actions taken by those involved in World War II. 4. Hold up a sheet of paper with the name of a country on it. Ask for students to volunteer to personify and speak for that country. This is a good opportunity for them to review what they have learned about personifications in their English classes. Continue to hand out the names of countries until you have distributed those you wish to include inyour review. 5. Call several "countries" to the middle of the room. Instruct them to use the pointer to show their location on the map. Ask a question such as: "Austria what would you like to say to Germany?" Ask the "country" to speak; encourage a dialogue to develop between them. (Students should be instructedto speak in the first person.) Allowthem todramatize and to become emotional if they choose todo so. 6. Ask one "country" if it agrees with the statement or position taken by another. Allow students from the class to state if they agree or disagree with the statements made. ("Is this really what 'Czechoslovakia' would say?") 7. Dramatization should be encouraged. Some students may wish to walk all over the map and to speak strongly if that represents their "country's" position. 8. "Countries" may then challenge one another about what would have happened "IF" different actions or events had occurred. Let them defend their positions. 9. On the floor aside from the map, place three papers with headings: ALLIED POWERS, AXIS POWERS, NEUTRAL. Call each country's name randomly and ask the student holding the name of that country to place the paper on the floor under the appropriate title. This can serve as a review. TYING IT ALL TOGETHER: Students can evaluate and analyze their own performance and demonstration of understanding and knowledge. This activity may be repeated by different students the next day. The map may be disassembled and reassembled as a test of geographical awareness. An appropriate home learning assignment might be to ask students to complete the statement: "IF I COULD SPEAK FOR THE COUNTRY OF _ _____________IN THE YEAR ___________ , I WOULD SAY:________" (Let students select 5 out of a list of countries and dates involved in World War II.

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New Mexico Classroom Election PURPOSE: The purpose of this activity is to provide an opportunity for New Mexico history students to gain practical experience in the basic types of challenges that may exist in the establishment of an early colony.

OVERVIEW: Following the study of the establishment of Spanish colonies (1598) many students of New Mexico History have great difficulty in comprehending the obstacles and problems that had to be overcome to accomplish the founding of an early colony. OBJECTIVES: As a result of this activity the students will: 1. Learn the importance of geographic location which can determine the survival and progress of a colony. 2. Examine the effects that cultural background and specific historical events have upon the development of a colony. 3. Review examples of documents that have established laws and regulations for historic colonies and to determine the specific regulations and laws to be established for their colony design. 4. Study the various types for colonial buildings and list the impor tant considerations of materials and location: specifically the assimilation of Spanish design when integrated with Pueblo materials i.e. Adobe, and the need to be near a reliable water source. 5. Learn the concepts of symbolism expressed by national flags and Native American religious symbols including the Kachina, Syria, and structures including the Kiva. RESOURCES/MATERIALS: 1. New Mexico historical reference materials. Various artwork supplies and adequate work tables or desks. Bulletin boards for display of colonial designs. ACTIVITIES AND PROCEDURES: 1. Choose a geographic location of their new colony on the New Mexico map included on the following page. The students must consider physical survival as a primary component, therefore the geographic features necessary for the survival our primary and future development of their colony design and ancillary concern. 2. Create a brief history describing the major historical events which relate to the purpose of the establishment of the colony. The students should consider the impact resulting from the imposition of divergent cultural backgrounds. 3. Establish a charter to create the laws (rules and regulations) thought necessary to balance the needs of the colonists with the rights of indigenous people. Students should determine the type of government they wish to develop and what laws will be needed to guarantee those chosen rights. 4. Design the construction of the first community shelters or village. The students should consider the subject of size of population, stockades for defense, students may wish to consider aspects of passive solar design, the ability of masonry to absorb radiant solar energy, elevation ( higher elevations resulting in cooler temperatures) 5. Design a colonial flag or banner to represent the principles of the colony created. The students should consider the basics of flag design and determine the symbolism of specific images. Students may wish to consider the e mblematic aspects of the evolution of the American flag. 6. Compare and contrast the various sections of the assignment with the work of other students in the class. Sections of the colonial design assignment can be mounted for display and discussion. TYING IT ALL TOGETHER: 1. Upon the conclusion of this activity the instructor should consider the creative nature of this assignment during the evaluation process. 2. Upon the completion of this assignment the students will share their ideas concerning the various creative phases of their colonial design. 3. The students may be motivated to actually construct miniature models of colonial structures which can be an excellent hands-on demonstration. 4. The students will realize the inter-relationship of various developments during the establishment of a colony such as geographic location, cultural background, type of government, and qualities of leadership and cooperation. 5. This assignment is designed to combine several types of social studies skills such as geographic knowledge, New Mexico History, Civics of early America, creative artwork, and creative writing. 6. This assignment is designed to allow the students to work at their own individual level and to achieve some level of success through various parts of the government. 7. The students may choose to involve horizontal enrichment (through the expansion of present grade the analysis of higher level or advanced research material).

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New Mexico Classroom Election

OBJECTIVES: As a result of this activity, the students will: 1. Identify the importance of the political debate PURPOSE: The purpose of this activity is to help students understand the importance of voting and nature of the two-party system in American politics and its place in the electoral process as a means of informing the voters. 2. Help the students to identify the stand taken by the candidates on major issues through the application of active independent research. 3. Understand the role third parties serve in American politics.

OVERVIEW: for nearly half a century voting rights in general elections in this country have hovered around 30% of registered voters. This could be an indication of an inability on the part of voters to get polls, or an indication of the extent to which voters believe themselves to be marginalized and have therefore lost interest. Therefore an understanding of the explicit social contract between citizen and government is of the highest importance. It is this civic responsibility that is truly the foundation of the freedoms which we inherit, and which if they are to survive in a generationally require the ongoing involvement of everyone eligible to vote.

RESOURCES/MATERIALS: 1. The "candidates" should research issues that are outstanding in New Mexico and national politics. 2. each candidate is given between five and 10 minutes to speak on the topic of issues. 3. questions are asked of each candidate and a limited response time is allocated usually 2 to 3 minutes 4. a one minute. Every bottle is allowed for the candidate in opposition, and at the end of the question-and-answer period three minutes are allocated for summary. ACTIVITIES AND PROCEDURES: 1. During class on the first day of this activity, organize the students into four groups representing the Republican Party, the De mocratic Party, and two minor parties that currently are running candidates for Governor. Have each group select one of their group to serve as that party's gubernatorial candidate. Everyone else in the group will serve as administrative assistants on the various issues that will be debated. Encourage the "candidates" to appreciate the implication of the election to the highest executive office in the state, and the number of people who will be affected by decisions made by that officer. 2. Once the basic organization has been accomplished, help the candidate to be as infor med on issues to be discussed by allowing classroom time for independent research. The task of the administrative assistants includes the acquisition of material to be used by the candidate in preparation for the debate. The student groups must familiarize themselves with the position of the party, and candidate also known as the platform. 3. On the second day of the activity, take the class to the library or computer room to research the actual candidates stand on the issues to be discussed. 4. On the third day of the activity, the groups meet in class to prepare their candidates for the debate. 5. The fourth day of the activity is given over to the debate. The debate should follow the rules of debating as closely as possible. If your school has a debating club, you may want to ask the instructor to serve as a moderator. 6. Try to involve at least three faculty and administrators to serve as judges of the debate. Their role is to judge what group represented their party most accurately and what group seemed to have the best grasp of the issues. TYING IT ALL TOGETHER: 1. The class will discuss the importance of the voters' need to know the issues and candidates' positions. 2. The class will discuss the role played by the administrative assistants. 3. Students will are expected to know the names of the candidates of the various parties represented and to know their positions on the major issues as well as the issues themselves. Of even greater importance is the studentâ&#x20AC;&#x2122;s ability to formulate his or her own views on the issues of the day. The foundation of a comprehensive view is accurate and well reasoned information that inform all aspects of the issue at hand. This can be determined by giving a quiz at a later date.

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New Mexico Native American Treaty Negotiations PURPOSE: This lesson helps students understand the principles involved with the interaction between early settlers and indigenous people of New Mexico. The long-term evolutionary process of the resolution of conflict and the ultimate result of that resolution.

TITLE: NEGOTIATING TREATIES OVERVIEW: When studying the settlement phase of the westward movement in the United States, students need a comprehensive understanding of motivations that caused settlers to migrate west to Ne w Mexico and the impact this migration had on the indigenous people who had lived in this part of the country for hundreds and sometimes thousands of years. The questions raised for consideration are: What goals did the settlers have? How did those goals interface with the needs of Native Americans? When conflicts occurred, how where the conflict resolved? Were these resolutions justifiable? OBJECTIVE(s): To analyze changes in the U.S. economy precipitating the westward move ment TO recognize the impact of the actions of the US military on displaced Native Americans in the New Mexico and the resultant impac t on Native attitudes today TO treaty negotiations through a treaty negotiation simulation PRE-ACTIVITIES: 1. Geography: use maps on the following pages to understand western US land acquisitions and Native American relegation to lands allocated by treaty. Use these materials for a study guide for a quiz later. 2. Recognizing Assumptions: Recognizing assumptions helps a student understand when people have acted upon assumption, or unsubstantiated belief. In the 1800's, many people assumed that availability of land in the West meant the chance for a better life. Thousands risked their lives on this assumption--an assumption that was often proven false by the harsh reality of inadequate shelter, roads, water, arable lands etc.. Conduct a full class practice discussion with teacher as the leader model. Appoint a facilitator and a recorder. Discuss textbook and supplemental material relating particularly to Homestead settlements on New Mexicoâ&#x20AC;&#x2122;s Eastern plains. These practice discussion skills will prepare them for treaty negotiations later. 3. Indian Removal: To Include the Navajo Long Walk, And Cherokee Trail of Tears. Students will choose one of the linguistic families of Native Americans and form research groups of 3-4 students. They may research together the tribes within each linguistic family. Each student will produce his/her own original research paper on a tribe or tribes. These will be presented to the class. Visual components are encouraged. 4. Using discussion skills, discuss the values that lay behind the ac tions and state ments of the people involved in the Navajo removal to Bosque Redondo. What values and goals motivated this move? What values influenced the actions and responses of the Navajo? 5. Ask students to imagine they were forced to leave their homes suddenly last night, and allowed to take nothing with them. Have them write about what they will miss most. MATERIALS: New Mexico and Arizona maps on the following pages, additional material on westward migration, map of Indian tribes and linguistic families, library for research on Native American tribes, cookbooks of traditional Indian and pioneer foods. ACTIVITY: Treaty Negotiation Simulation: Students are divided into 2 groups: 1. Settlers and Indian Agent and 2. Native American tribe. Indians must determine what their needs are in selecting a reservation site. Settlers must determine their settlement needs. Each must negotiate through the Indian Agent to try to reach a treaty and establish a reservation. Optional surprise element: Teacher arranges for a community person or someone outside the class to come in and role play a missionary bent on eradicating traditional ways and converting the Indians to white religion and customs. Optional: Prepare traditional Indian and pioneer foods for a feast to seal the treaty. This would only be appropriate if both sides are somewhat satisfied with the treaty outcome. TYING IT TOGETHER: Conduct a debriefing and a written exercise regarding the dynamics of negotiations, personal feelings regarding the outcome of the treaty, and how the historical events might influence Native American attitudes today

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New Mexico History Learning Options PURPOSE: review modality

OVERVIEW: To have students review materials presented to them in chapter readings, class lectures and handouts. Students are actively involved by helping to prepare questions and answers that will be used in playing history bingo. OBJECTIVES: Students will be able to: 1. review main ideas, key words, people and dates of the chapter studied by writing review questions to be used as clues while playing history bingo 2. visually identify key people, important dates and events as well as vocabulary words on their bingo cards 3. write clues in the form of a question or comple te a state ment using one to two word answers 4. design a grid with five columns and five rows placing one or two words in each square that will respond to a question they have written (may depend on age level and time, may be better to have these forms already made up and run off) ACTIVITIES AND PROCEDURES: 1. develop a list of 25 key people, events, important dates along with vocabulary words used in the chapter &/or lectures 2. print the word or words on the bingo card (it is easier for the students' if the bingo grid is already made and run off for them) 3. write the clue on one side of a 3 X 5 card and the correct response on the other side; write vocabulary words and definitions on a specific colored index card 4. collect the clue cards and have the students exchange bingo cards 5. play the game history bingo RESOURCES/MATERIALS NEEDED: Teacher Materials: 3 X 5 index cards vocabulary words on one color (optional) bingo grid run off - 2 games can be placed on one 8 1/2 X 11 piece of paper Student Materials: pencil 3 X 5 index cards textbook, class notes, handouts etc. bingo grid to print responses on TYING IT TOGETHER: History bingo is a fun way to get students to review what they have learned by rereading, identifying main ideas, noting key people, places and events, in addition to reinforcing vocabulary words. History bingo gives students practice in writing test questions and answers them. By putting the questions or clues on 3 X 5 cards the students can review by themselves or with a study buddy before the game is to be played or can be saved and used at a later date

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1846 - Bill of Rights for the Territory of N.M.Bill of Rights for the Territory of New Mexico; September 22, 1846That the great and essential principles of liberty and free government may be recognized and established it is hereby declared-1st. That all political power is vested in and belongs to the people. 2nd. That the people have the right peaceably to assemble for their common good, and to apply to those in power for redress of grievances by petition or remonstrance. 3rd. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no person can ever be hurt, molested or restrained in his religious professions if he do not disturb others in their religious worship; and that all Christian churches shall be protected and none oppressed, and that no person on account of his religious opinions shall be rendered ineligible to any office of honor, trust or profit. 4th. That courts of justice shall be open to every person, just remedy given for every injury to person or property, and that right and justice shall be administered without sale, denial or delay, and that no private property shall be taken for public use without just compensation.

7th. The accused cannot be compelled to give evidence against himself or be deprived of life, liberty or property, but by a verdict of a jury and the laws of the land. 8th. No person after having once been acquitted by a jury can be tried a second time for the same offense. 9th. That all persons shall be bailed by sufficient sureties, except in capital offenses where proof of guilt is evident, and the privileges of a writ of habeas corpus cannot be suspended except the public safety shall require it in the case of rebellion or invasion. 10th. Excessive bail shall not be required, excessive fines imposed, nor cruel and unusual punishment inflicted. 11th. That the people shall be secure in their persons, papers, houses and effects from unreasonable searches and seizures, and that no writ shall issue for a search or seizure without a probable cause of guilt is made out under oath. 12th. That the free communication of thoughts and opinions is one of the invaluable rights of freemen, and that every person may freely speak, write or print on any subject, being responsible for every abuse of that liberty.

5th. That the right of trial by jury shall remain invio- 13th. That no vicar, priest, preacher of the gospel nor late. teacher of any religious denomination shall ever be compelled to bear arms or to serve on juries, work 6th. That in all criminal cases the accused has the on roads or perform military duty. Done at the govright to be heard by himself and counsel, to de- ernment house, in the city of Santa FĂŠ, in the terrimand the nature and cause of the accusations, to tory of New Mexico, by Brigadier General Stephen have compulsory process for witnesses in his favor, W. Kearny by virtue of the authority conferred upon to meet the witnesses against him face to face and him by the government of the United States, this to have a speedy trial by a jury of his county. twenty-second day of September, 1846

manner prescribed by law.

Sec. 1. The State of New Mexico is an inseparable part of the Feder- al Union, and the Constitution of Sec. 10. The people shall be secure in their persons, the United States is the supreme law of the land. papers, homes and effects, from unreasonable searches and seizures, and no warrant to search Sec. 2. All political power is vested in and derived any place, or seize any person or thing, shall issue from the people, all government of right originates without describing the place to be searched, or the with the people, is founded upon their will and is in- person or things to be seized, nor without probable stituted solely for their good. cause, supported by oath or affirmation. Sec. 3. The people of the state have the sole and exclusive right to govern themselves as a free, sovereign and independent state. Sec. 4. 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. Sec. 5. The rights, privileges and immunities, civil, political and religious guaranteed to the people of New Mexico by the Treaty of Guadeloupe Hidalgo shall be preserved inviolate. (ADOPTED BY THE PEOPLE NOV. 2, 1971) Sec. 6. 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. Sec. 7. The privilege of the writ of habeas corpus shall never be suspended, unless, in case of rebellion or invasion, the public safety requires it. Sec. 8. 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. Sec. 9. 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

Sec. 11. 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 any place of worship or support any religious sect or denomination; nor shall any preference be given by law to any religious denomination or mode of worship. Sec. 12. 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 ver- dicts in civil cases may be rendered by less than a unani- mous vote of the jury. Sec. 13. All persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (ADOPTED BY THE PEOPLE NOV. 4, 1924) Sec. 14. 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 time of war or public danger. No person shall be so held on information without having had a preliminary examination before an ex- amining magistrate, or having waived such preliminary examination. A grand jury shall be composed of such number, not less than twelve, as may be prescribed by law. Citizens only, residing in the county for which a grand jury may be convened and qualified as prescribed by law, may serve on the grand jury. Concurrence necessary for the finding of an indictment by a grand jury shall be prescribed by law; provided, such concurrence shall never be by less than a majority of those who compose a grand jury, and, provided, at least eight must concur in finding an indictment when a

grand jury is composed of twelve in number. Until otherwise prescribed by law a grand jury shall be composed of twelve in number of which eight must concur in finding an indictment. A grand jury shall be convened upon order of a judge of a court empowered to try and determine cases of capital, felonious or infamous crimes at such times as to him shall be deemed necessary, or a grand jury shall be ordered to convene by such judge upon the filing of a petition there- for signed by not less than seventy-five resident tax payers of the county, or a grand jury may be convened in any additional manner as may be prescribed by law. In all criminal prosecutions, the accused shall have the right to appear and defend himself in person, and by counsel; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have the charge and testimony interpreted to him in a language he understands; to have compulsory process to compel the attendance of necessary witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

Sec. 21. No person shall be imprisoned for debt in Sec. 15. No person shall be compelled to testify any civil action. (ADOPTED BY THE PEOPLE SEPT. 20, against himself in a criminal proceeding, nor shall 1921) any person be twice put in jeopardy for the same offense; and when the indictment, information or af- Sec. 22. Until otherwise provided by law no alien, fidavit upon which any person is convicted charges ineligible to citizenship under the laws of the Unitdifferent offenses or different degrees of the same ed States, or corporation, co-partnership or assooffense and a new trial is granted the accused, he ciation, a majority of the stock or interest in which may not again be tried for an offense or degree of is owned or held by such aliens, shall acquire title, the offense greater than the one of which he was lease hold or other interest in or to real estate in convicted. New Mexico. Sec. 16. Treason against the state shall consist only Sec. 23. The enumeration in this Constitution of cerin levying war against it, adhering to its enemies, tain rights shall not be construed to deny, impair or or giving them aid and comfort. No person shall be disparage others retained by the people. convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Sec. 17. 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 a- bridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted. (ADOPTED BY THE PEOPLE NOV. 7, 1972)Iâ&#x20AC;&#x2122;ll Iâ&#x20AC;&#x2122;ve Sec. 18. 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. The effective date of this amendment shall be July 1, 1973. Sec. 19. No ex post facto law, bill of attainder, nor law impairing the obligation of contracts shall be enacted by the legislature. Sec. 20. Private property shall not be taken or damaged for public use without just compensation.

Preamble Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence

Amendments First Amendment– Establishment Clause Free Exercise Clause freedom of speech, of the press, Freedom of Religion, and of House; right to petition, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Second Amendment– Militia (United States) Sovereign state Right to keep and bear arms. A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed. Third Amendment – Protection from quartering of troops. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Fourth Amendment – Protection from unreasonable search and seizure. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain. No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness

in the Government, will best ensure the beneficent starts of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. ARTICLES in addition to, and Amendment against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Seventh Amendment – Civil trial by jury. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Tenth Amendment – Powers of States and people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people