How to Impeach Your Governor (New Mexico Style)

Published on September 12, 2023
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William Kirk, President of Washington Gun Law, provides a detailed analysis of the legal and constitutional grounds for impeaching New Mexico Governor Michelle Lujan Grisham. He scrutinizes her executive orders on firearms, referencing specific articles of the New Mexico Constitution and relevant case law to define malfeasance in office. The discussion also covers the formal impeachment process and ongoing legal challenges against the governor.

Quick Summary

William Kirk explains that New Mexico's Constitution, Article 4, Section 36, allows impeachment for 'malfeasance in office,' defined by case law as wrongful conduct without legal authority. The process involves the House impeaching and the Senate trying, requiring a two-thirds conviction vote.

Chapters

  1. 00:00Introduction: NM Governor's Gun Orders & Impeachment
  2. 02:26Governor's Constitutional Powers (NM Const. Art. 5, Sec. 4)
  3. 04:49The Impeachment Process (NM Const. Art. 4, Sec. 35)
  4. 06:12Grounds for Impeachment (NM Const. Art. 4, Sec. 36)
  5. 08:10Defining Malfeasance in Office (Arellano v. Lopez)
  6. 10:02Current Legal Challenges Against the Governor

Frequently Asked Questions

What are the constitutional grounds for impeaching the New Mexico Governor?

The New Mexico Constitution, Article 4, Section 36, lists crimes, misdemeanors, and 'malfeasance in office' as grounds for impeachment. Malfeasance involves wrongful conduct affecting official duties or acts for which there is no legal authority.

How does the New Mexico Constitution define the Governor's executive power regarding laws?

According to Article 5, Section 4 of the New Mexico Constitution, the governor's duty is to ensure laws are faithfully executed. However, this does not grant explicit authority to unilaterally suspend constitutional rights through emergency orders.

What is the process for impeaching a governor in New Mexico?

The House of Representatives holds the power of impeachment, requiring a majority vote. The Senate then conducts the trial, and a two-thirds majority is necessary for conviction, as per Article 4, Section 35 of the New Mexico Constitution.

Are there active lawsuits against the New Mexico Governor concerning her executive orders?

Yes, several lawsuits have been filed against Governor Michelle Lujan Grisham regarding her executive orders on firearms. These include actions brought by organizations like the National Association for Gun Rights (NAGR) and Gun Owners of America (GOA).

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