DID THE MORA COUNTY COMMISSIONERS REALLY THINK THEY COULD ENFORCE A LAW THAT SAYS IT CAN’T BE PREEMPTED BY THE CONSTITUTIONS OF NEW MEXICO OR THE UNITED STATES?
It’s hard to tell if this county legislative body thought they could actually do what they did, or if they knew they couldn’t but did it anyway to make a statement. I don’t think you have to be too well educated about the political structure of the United States to recognize that there might be a problem with a law that says this:
The New Mexico Constitution’s Bill of Rights, and the United States Constitution’s Bill of Rights and amendments thereto, shall be recognized as preemptive law within the County of Mora only to the extent that their interpretation and application are not inconsistent with the provisions of this Ordinance regarding the powers and “rights” of corporations, and to the extent that they do not otherwise elevate property interests over rights secured by this Ordinance.
In other words, they are saying that if the law they passed violates either the New Mexico or United States constitution, their law wins. I don’t think that’s how it works, no matter what the subject matter.
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