0001| SENATE JOINT MEMORIAL 13 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| CISCO MCSORLEY | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| A JOINT MEMORIAL | 0011| REQUESTING CONGRESS TO SUBMIT AN AMENDMENT TO THE UNITED STATES | 0012| CONSTITUTION TO PROTECT THE RIGHTS OF PERSONS TO CLEAN AND | 0013| HEALTHFUL AIR AND WATER. | 0014| | 0015| WHEREAS, the triumph of freedom and justice embodied in | 0016| the United States constitution has given contemporary and | 0017| future generations a structure for ordered liberty that has | 0018| served this nation well; those historic decisions, augmented | 0019| from time to time by amendment, gave us a constitution that | 0020| permits each generation to overcome the great social | 0021| disturbances of its time; the rights of speech and assembly | 0022| were protected against overbearing government; the liberation | 0023| of enslaved Americans; the right of women to vote; restraints | 0024| on the power of concentrated wealth; the intelligent use of | 0025| government to protect the economic interests of all; and the | 0001| use of national military power, here and abroad, have all been | 0002| achieved through this constitutional framework; and | 0003| WHEREAS, the American people have well understood their | 0004| constitution, and the values and powers it embodies; liberty, | 0005| justice and our physical and material security remain the goals | 0006| of our generation and our hope for future generations; | 0007| WHEREAS, a constitution that protects our personal | 0008| security is the heart of the American system; it seeks to | 0009| ensure that each person is free of the threat of attack and | 0010| free of actions by others that diminish life, liberty, health | 0011| or property or that prevent the "pursuit of happiness"; and | 0012| WHEREAS, the people of the nation are increasingly | 0013| besieged by attacks on their personal security, their health | 0014| and the health of their families and their right to enjoy the | 0015| air, water and natural resources of the nation; the continuing | 0016| and growing threat to the public health and the nation's | 0017| natural resources is the challenge to our generation of the | 0018| kind other generations faced and overcame; | 0019| WHEREAS, we are the custodians of the health of our | 0020| children and of future generations, whose ability to breathe | 0021| clean air, drink healthful water, avoid poisons and share in | 0022| the spiritual regeneration that comes from wilderness and | 0023| nature is in danger, and we are obliged to protect each citizen | 0024| from these threats as surely as were previous generations | 0025| obliged to enhance freedom, justice and prosperity; and | 0001| WHEREAS, a constitutional remedy is necessary to | 0002| accomplish this goal; and | 0003| WHEREAS, the decision to seek a constitutional remedy is | 0004| significant and necessary; the people have historically been | 0005| reluctant to amend the constitution except for the most | 0006| compelling reasons and, although this body shares that view, | 0007| the commitment to the public health and environmental security | 0008| of our citizens and of future generations is so important, and | 0009| so deeply a part of American tradition and values, that it | 0010| requires constitutional status; and | 0011| WHEREAS, we can no more rely on statutory protections for | 0012| the environment and public health than the nation of one | 0013| hundred thirty years ago could rely on law alone for the | 0014| liberation of enslaved Americans, nor could the nation of | 0015| eighty years ago when it declared the right of women's suffrage | 0016| to be a constitutional value; and | 0017| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE | 0018| STATE OF NEW MEXICO that the congress of the United States be | 0019| requested to submit to the several states the following | 0020| amendment to the United States constitution: | 0021| "The natural resources of the nation are the | 0022| heritage of present and future generations. The | 0023| right of each person to clean and healthful air and | 0024| water, and to the protection of the other natural | 0025| resources of the nation, shall not be infringed upon | 0001| by any person"; and | 0002| BE IT FURTHER RESOLVED that this body also proposes that | 0003| the legislature of each of the several states comprising the | 0004| Unites States apply to the congress requesting the enactment of | 0005| the above amendment to the constitution; and | 0006| BE IT FURTHER RESOLVED that copies of this memorial | 0007| transmitted to New Mexico's congressional delegation, the | 0008| presiding officers of both houses of the legislature of each of | 0009| the other states in the union, the clerk of the United States | 0010| house of representatives and the secretary of the United States | 0011| senate. | 0012| - 4 - | 0013| | 0014| | 0015| FORTY-THIRD LEGISLATURE | 0016| FIRST SESSION, 1997 | 0017| | 0018| | 0019| March 8, 1997 | 0020| | 0021| Mr. President: | 0022| | 0023| Your RULES COMMITTEE, to whom has been referred | 0024| | 0025| SENATE JOINT MEMORIAL 13 | 0001| | 0002| has had it under consideration and reports same with | 0003| recommendation that it DO PASS, and thence referred to the | 0004| JUDICIARY COMMITTEE. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| __________________________________ | 0012| Gloria Howes, Chairman | 0013| | 0014| | 0015| | 0016| Adopted_______________________ Not | 0017| Adopted_______________________ | 0018| (Chief Clerk) (Chief Clerk) | 0019| | 0020| | 0021| Date ________________________ | 0022| | 0023| | 0024| The roll call vote was 6 For 0 Against | 0025| Yes: 6 | 0001| No: 0 | 0002| Excused: Altamirano, Aragon | 0003| Absent: None | 0004| | 0005| | 0006| SJ013RU1 | 0007| |