This article includes a review of the process by which the New Mexico courts have developed an independent state constitutional jurisprudence reflecting more expansive protections of individual rights than those afforded by the Federal Constitution, as interpreted in the decisions of the United States Supreme Court. It addresses the existing body of state constitutional law and suggests possibilities for further developments, including both the substantive aspects of state constitutional topics and the procedural requirements for asserting state constitutional protections as alternative sources for protection of individual rights. It documents how far New Mexico has come in developing a state constitutional jurisprudence reflecting the traditionally strong independent approach taken by New Mexico in addressing the relationship between the institution of government and its people.
J. Thomas Sullivan, Developing A State Constitutional Law Strategy in New Mexico Criminal Prosecutions, 39 N.M. L. Rev. 407 (2009).