The Governor’s Unconstitutional Spending of Public Funds Without Legislative Authorization

The Governor has been spending over $110 million of public funds that have been received into the state treasury from the Federal government. This sum comprises $53.6 million provided under the American Reinvestment and Recovery Act of 2009 and $61 million under 2003 Jobs and Growth Tax Relief Reconciliation Act. He has been making these spending decisions on his own, without any authorizing legislation, an act illegal under the New Mexico State Constitution. That document gives the Legislature sole power to determine how funds from the treasury are spent. He has ignored objections that his actions are unconstitutional. The question is whether the Legislature will ever act decisively to assert its constitutional authority or will continue to abdicate its spending powers to the Governor.