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Oath of Office in the
State of New Mexico
Compiled by Norman Frank, Jeff Rau,
Anna Pendland and Angel Shamaya
Preamble
We, the people of New Mexico, grateful to Almighty God for
the blessings of liberty, in order to secure the advantages
of a state government, do ordain and establish this Constitution.
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Article 2 - Bill of Rights - Section 4 - Inherent Rights
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.
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Section 6 - Right to Bear Arms
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. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
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Section 9 - Military Power Subordinate: Quarting of Soldiers
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 manner prescribed by law.
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Article XVIII - Militia - Section 1 - Composition, Name and Commander in Chief of Militia
The militia of this state shall consist of all able-bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by laws of the United States or of this state. The organized militia shall be called the "national guard of New Mexico," of which the governor shall be the commander in chief.
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Section 2 - Organizations, Discipline and Equipment of Militia
The legislature shall provide for the organization, discipline and equipment of the militia, which shall conform as nearly as practicable to the organization, discipline and equipment of the regular army of the United States, and shall provide for the maintenance thereof.
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Article XX - Section 1 - Oath of Officer
Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.
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Oaths to Constitution
and for Ethical Conduct
From State of New Mexico, January 21, 1997, record of the Senate, Forty-Third
Legislature, First Session
"The President of the Senate administered the oath of office to the members
of the Senate as follows:
"I do solemnly swear that I will support the Constitution of the United
States...and the Constitution and Laws of the State of New Mexico...that I will
true faith and allegiance bear to the same...and defend them against all enemies
whatsoever...and that I will faithfully and impartially discharge the duties of
my office...as a member of the Senate...according to the best of my ability, so
help me God."
Oath of Ethical Conduct that is signed by the Senators of the Forty-Third
Legislature, Second Session, January 20, 1998
"I, _________________, duly elected member of the New Mexico State Senate
from District ___ do hereby recognize the irrefutable principle that a public
office is a public trust and do solemnly swear that: 1. I shall faithfully
support the United States Constitution and the Constitution of the State of New
Mexico. 2. I shall ethically and with integrity discharge the high
responsibilities placed upon me by the Constitution of the State of New Mexico
and the voters of my district. 3. I shall abide by the spirit as well as the
letter of the Senate Rules pertaining to ethical conduct. 4. I shall not use my
office for personal gain and shall scrupulously avoid any act of impropriety or
any act which gives the appearance of impropriety.
______________________________
______________
Senator
District
Oath of Ethical Conduct that is signed by
the Representatives of the Forty-Second Legislature, January 18, 1995
"I, _________________, duly elected
member of the New Mexico State House of Representatives from District ______
do hereby recognize the irrefutable principle that a public office is a public
trust and do solemnly swear that: 1. I shall faithfully support the United
States Constitution and the Constitution of the State of New Mexico. 2. I
shall ethically and with integrity discharge the high responsibilities placed
upon me by the Constitution of the State of New Mexico and the voters of my
district. 3. I shall abide by the spirit as well as the letter of the House
Rules pertaining to ethical conduct. 4. I shall not use my office for personal
gain and shall scrupulously avoid any act of impropriety or any act which
gives the appearance of impropriety.
Signed and Sealed at The
Capitol, in the City of Santa Fe.
January 18, 1995
______________________________
______________
Representative
District
SOURCE: Susan Lilley, New Mexico
Legislative Council Service, State Capital, Room 411, Santa Fe, New Mexico
87501.
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United States Right to Keep and
Bear Arms
UNITED STATES CONSTITUTION
BILL OF RIGHTS
AMENDMENT II.
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.
Source: Bill
of Rights, Second Amendment (ratified 1791, and still the Law of the Land)
http://www.nara.gov/exhall/charters/billrights/billrights.html
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U.S. Constitution Comes Before
Statutes, Edicts, Ordinances, Rules or Regulations
UNITED STATES CONSTITUTION
ARTICLE VI.
All Debts contracted and Engagements entered
into, before the Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United States, shall be the
supreme Law of the Land; and the Judges in every State shall be bound thereby,
any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
The Senators and Representatives before
mentioned, and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any Office
or public Trust under the United States.
Source: Constitution
of the United States of America
http://www.nara.gov/exhall/charters/constitution/constitution.html
EXPLANATION FROM LAW.CORNELL.EDU:
This means that state governments and officials
cannot take actions or pass laws that interfere with the Constitution, laws
passed by Congress, or treaties. The Constitution was interpreted, in 1819, as
giving the Supreme Court the power to invalidate any state actions that
interfere with the Constitution and the laws and treaties passed pursuant to it.
That power is not itself explicitly set out in the Constitution but was declared
to exist by the Supreme Court in the decision of McCulloch v. Maryland.
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Civil Rights Act
UNITED STATES CODE
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 21. CIVIL RIGHTS
SUBCHAPTER I. GENERALLY
Section 1983. Civil action for deprivation of rights
Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an action at
law, suit in equity, or other proper proceeding for redress, except that in
any action brought against a judicial officer for an act or omission taken in
such officer's judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief was
unavailable. For the purposes of this section, any Act of Congress applicable
exclusively to the District of Columbia shall be considered to be a statute of
the District of Columbia.
(R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec.
29, 1979, 93 Stat. 1284; Pub. L. 104-317, title III, Sec. 309(c), Oct. 19, 1996,
110 Stat. 3853.)
Source: For
date law was enacted, history of law, amendments (slight, and very much intact
in spirit), go here: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC1983
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PUBLIC LAW 96-303
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
Subpart F. Labor-Management and Employee Relations
CHAPTER 73. SUITABILITY, SECURITY, AND CONDUCT
SUBCHAPTER I. REGULATION OF CONDUCT
Section 7301. Presidential regulations
CODE OF ETHICS FOR GOVERNMENT SERVICE (signed
into law on July 3, 1980)
ANY PERSON IN GOVERNMENT SERVICE SHOULD:
I. Put loyalty to the highest moral
principles and to country above loyalty to persons, party, or Government
department.
II. Uphold the Constitution, laws, and
regulations of the United States and of all governments therein and never be a
party to their evasion.
III. Give a full day's labor for a full day's
pay; giving earnest effort and best thought to the performance of duties.
IV. Seek to find and employ more efficient
and economical ways of getting tasks accomplished.
V. Never discriminate unfairly by the
dispensing of special favors or
VI. Make no private promises of any kind
binding upon the duties of office, since a Government employee has no private
word which can be binding on public duty.
VII. Engage in no business with the
Government, either directly or indirectly, which is inconsistent with the
conscientious performance of governmental duties.
VIII. Never use any information gained
confidentially in the performance of government duties as a means for making
private profit.
IX. Expose corruption wherever discovered.
X. Uphold these principles, ever conscious
that public office is a public trust.
DECA Poster 80-3, Feb 94
When this law was passed, it included a
requirement for posting the above in government facilities. That requirement was
later repealed. ( Source 1,
Source
2) But the law itself is still very much a LAW.
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U.S.
State Constitutions
State
Constitutions on the Right to Keep and Bear Arms
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