The opening of the New Mexico Legislature was largely eclipsed by the Presidential Inauguration last week. Even the State of the State address, Governor Michelle Lujan Grisham's seventh, was subdued (but not truncated – the Governor held forth for some 45 minutes).
Both the New Mexico Legislature and the U.S. Congress have suffered in the 21st century from increasing polarization and decreasing power. The 9/11 attacks caused both bodies to grant great powers to the executive branch and we became accustomed to increased power from the 4th floor of the Roundhouse and the Oval Office.
Here's an interesting trend: until 2025, the number of presidential executive orders declined from the 1980s through the Obama administration. President Ronald Reagan signed the most executive orders of any president: 381. Bill Clinton takes the number two spot with 364. Each successive administration declines. George W. Bush had fewer than Clinton, Barack Obama fewer than Bush.
Executive orders spike in the first Trump administration, comparatively, with 220 in a single term, compared to 277 across Obama's two terms. Joe Biden had fewer, with 160 in four years. Since Jan. 20 to this writing, there have been 37 executive orders; in his first term, Trump signed 40 in his first 100 days.
Meanwhile, in New Mexico we have seen governors flex in different ways, using the line-item veto in the budget (or even vetoing the entire budget), pocket vetoing legislation by simply not signing it, and invoking emergency powers granted in the 00s to impose social distancing orders, vaccine requirements, and weapons restrictions.
The governor also controls the agenda of the Legislature in even-numbered years, when the 30-day session is considered too short to hear any bill not related to the budget or on the "governor's call."
This year, this could change. There are several bills aimed at improving how our Legislature works and pulling back some power from the executive branch.
Rep. Matthew McQueen (D-Santa Fe) is sponsoring two of them. The first, House Joint Resolution (HJR) 1, would stop the rotating schedule of 60- and 30-day sessions, making every session 45 days, and ending the practice of limited legislation scope during the short session, meaning any legislation could be introduced in any legislative year. This would prevent key bills from having to wait a full year before being heard. This change would require a vote from New Mexicans to amend the state constitution.
McQueen's other key piece of good government legislation, HJR 2, would also require an amendment to the state constitution, and would eliminate the pocket veto, requiring the governor to act on every piece of legislation passed, or actively veto it and send a message back to the Legislature with a reason for the veto. This is important for transparency and visibility of actions by the executive branch.
Five legislators are sponsoring Senate Joint Resolution (SJR) 1: Sen. Natalie Figeroa (D-Bernalillo), Senate Majority Leader Peter Wirth (D-Santa Fe), Rep. Joy Garratt (D-Bernalillo), Rep. Angelica Rubio (D-Doña Ana), and Rep. Katy Duhigg (D-Bernalillo). SJR 1 would require a vote to amend the state constitution to form a citizens' committee to establish, set, and adjust salaries for legislators. The 9-person committee would be unpaid but members would receive per diem for days they meet.
A paid Legislature would put New Mexico in parity with nearly every other state (except New Hampshire) and also widen the pool of candidates. I don't believe the salary should be exorbitant. But we ask people to spend up to a year campaigning, raising money, and then serving for two or four years. Expecting them to be unpaid volunteers eliminates many people who can't afford to take the time away from their job from joining public service. New Mexicans will be better served by a professional Legislature.
There is one more piece of legislation that caught my eye. I am not completely on board with it in its current form, but the intent is intriguing. SJR 5, sponsored by Sen. Crystal Brantley (R-Catron, Doña Ana, Grant, Hidalgo, Luna, Sierra & Socorro), Sen. Pat Woods (R-Curry, Harding, Quay & Union), Sen. Pat Boone (R-Chaves, Curry, DeBaca, Lea & Roosevelt, and Sen. Jay Block (R-Bernalillo & Sandoval), seeks to use Article V of the U.S. Constitution to hold the federal government accountable to the states. In the case of SJR 5, the purpose is fiscal responsibility and Congressional term limits.
Article V proponents seek to hold a constitutional convention to effect change through state-level activism. Two-thirds of the state Legislatures would need to pass resolutions to call for a constitutional convention.
Now, I am not a fan of term limits. But I do think there is great merit in states, who for the most part have balanced budgets, having a say in the federal budget. SJR 5 is does not say what a constitutional convention will achieve regarding Congressional spending; it simply alludes to "fiscal restraints."
Another solution I might suggest to the Senators would be that proposed by the Compact for America: this compact is an agreement among states that Congress may not increase the debt ceiling unless two-thirds of the state legislatures consent. This would not require a constitutional convention. Making the debt ceiling the target is an automatic control to spending that everyone understands and sees coming in advance.
If you're looking for a break from national news, it's a good time to check out your local New Mexico news. This legislative session offers a welcome break from "business as usual" government – something many of us crave these days.
Merritt Hamilton Allen is a PR executive and former Navy officer. She appeared regularly as a panelist on NM PBS and is a frequent guest on News Radio KKOB. A Republican for 36 years, she became an independent upon reading the 2024 Republican platform. She lives amicably with her Democratic husband north of I-40 where they run one head of dog, and one of cat. She can be reached at
