Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 25-3794

Collection Attorney General Opinions and Advisory Letters
Date 01/27/1925
File Number 1925 Op. Att'y Gen. No. 25-3794

Decision Content

Opinion No. 25-3794

January 27, 1925

BY: JOHN W. ARMSTRONG, Attorney General

TO: Requested by: Hon. E. E. Thaxton, State Senator, Santa Fe, New Mexico.

Ratification of an Amendment to the Federal Constitution may not be affected by submitting same to a vote of the people.

OPINION

You ask whether or not submitting an amendment to the Federal Constitution to a vote of the people in New Mexico would be effective to ratify such amendment.

Art. 5 of the Federal Constitution provides:

"The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, * * * which shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, * * *."

It will be observed from the foregoing provisions that submitting the Child Labor Amendment to a vote of the people of the State of New Mexico, could not and would not, in any sense, legally ratify or reject same.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.