The Governor's Power: Can They Change Laws?

Governors have a variety of roles and responsibilities, including implementing state laws and overseeing the operation of the state executive branch. While they cannot create laws, they can use tools like executive orders, executive budgets, and legislative proposals and vetoes to advance and pursue new and revised policies. Governors can also veto whole legislative measures, preventing a new law from being passed by refusing to sign it. However, in some states, a bill can still become law without the governor's signature if a specified amount of time passes.

Governors can veto laws

There are several types of vetoes available to governors, including "line-item", where a governor can strike a general item from a piece of legislation, "reduction", where a governor can delete a budget item, and "amendatory", where a governor can revise legislation. Governors can also recommend specific amendments to a bill, which the house of origin can then override. If the governor's veto is overridden by both houses, the bill becomes law without the governor's signature.

Legislatures can override vetoes, usually by a supermajority or two-thirds vote. In 17 states, citizens can veto state legislature decisions via a veto referendum, where enough signatures are collected to force a ballot question regarding the law. While governors can veto laws, they do not have the power to create or change laws without specific statutory authority.

Governors can't make or repeal laws

While governors have the power to veto entire legislative measures, they cannot make or repeal laws. Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They can advance and pursue new and revised policies and programs using tools such as executive orders, executive budgets, and legislative proposals and vetoes. However, they cannot create laws or force the legislature to actively pass a new law or repeal an existing one.

The legislative authority in a state is typically vested in the state legislature, which consists of the Senate and the House of Representatives. A bill, which is a proposal for a new law or a change to an existing law, can be introduced by a sitting member of the Senate or the House of Representatives. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes through a process of voting, discussion, and potential amendments in both chambers of Congress. If a bill passes both chambers, it is presented to the president or governor for signing.

Governors have the power to veto bills, which means they can prevent a new law from being passed by refusing to sign it. In some states, a bill will become a law unless vetoed by the governor within a specified number of days. In other states, a bill may become law without the governor's signature after a certain period. Governors can also exercise other types of vetoes, such as "line-item," "reduction," and "amendatory" vetoes, allowing them to strike general items, delete budget items, or revise legislation, respectively. However, it is important to note that the governor's veto power is not absolute, and legislatures may override vetoes, usually by a supermajority vote.

While governors play a crucial role in the legislative process, their power is limited to approving or rejecting bills through their veto authority. The actual creation and repeal of laws lie with the legislative branch, which consists of the state legislature and, at the federal level, Congress. This separation of powers ensures a balance between the executive and legislative branches, with the legislative branch holding the primary power to make and change laws.

Governors can appoint state court judges

While governors do not have the power to create laws, they are responsible for implementing state laws and overseeing the operation of the state executive branch. They also have the power to veto legislative measures, including the ability to strike a general item from a piece of legislation, delete a budget item, and revise legislation.

In addition to these powers, governors in a majority of states also have the authority to appoint state court judges. The specific methods of judicial selection vary by state. In some states, the governor appoints a judge directly without having to select from a list of names provided by a judicial selection commission or nominations committee. In other states, the governor must choose a judge from a list of nominees submitted by a nominating commission or judicial selection commission. After a nominee is chosen, another body, such as a legislative or government body, must confirm the appointment before the nominee can take office. For example, in California, the governor's nominee must be confirmed by the California Commission on Judicial Appointments, while in New Hampshire, the nominee must be confirmed by a majority vote of the New Hampshire Executive Council.

The gubernatorial appointment method of judicial selection is similar to the process used for federal judges, where the president appoints Article III judges, and the U.S. Senate confirms them. As of April 2024, five states—California, Maine, Massachusetts, New Hampshire, and New Jersey—used this method at the state supreme court level, while four states used it for at least one type of court below the supreme court level.

Other methods of judicial selection include assisted appointment, partisan and nonpartisan elections, the Michigan method, court appointment, municipal government selection, and legislative elections. Assisted appointment, also known as merit selection or the Missouri Plan, involves a nominating commission reviewing the qualifications of judicial candidates and submitting a list of names to the governor, who then appoints a judge from the list. This method is used in more than thirty states at some level of the judiciary.

Governors can issue executive orders

Executive orders can be used to direct more mundane tasks, such as reorganizing agencies, managing administrative issues, implementing new programs, or advancing initiatives. They can also be used to respond to emergencies, such as natural disasters, riots, or pandemics. In such cases, a governor or mayor can declare a state of emergency, which gives them the authority to issue emergency orders to protect life and property. For example, a governor can use an emergency executive order to direct citizens to evacuate areas expected to be hit by a hurricane or taken over by wildfires.

Violating an executive order can result in civil or criminal penalties, similar to other law violations. However, a person can defend against an accusation by challenging the government's case, its evidence, witnesses, or using other legal defenses. When it comes to emergency orders, the validity of the order can be challenged if the governor or mayor is believed to have overstepped their authority.

In the United States, the legislative power is vested in the Legislature, and any action taken by the Executive (except for recommendation and veto) must be authorized by a statute or constitutional provision. This means that governors cannot act outside of the scope of the powers conferred upon them by the Constitution or statutory provisions.

Overall, while governors can issue executive orders, their ability to create legally binding obligations or conditions is limited, and they must operate within the framework established by the Constitution and statutory provisions.

Governors can appoint Senators

Governors have a variety of powers and responsibilities, including the power to veto legislative measures. They can also propose new policies and programs using tools such as executive orders, executive budgets, and legislative proposals. However, their authority varies from state to state, and they generally do not have the power to create laws.

One specific power that governors possess in certain situations is the ability to appoint senators. If a senator dies, resigns, or is expelled from office, a vacancy is created in the Senate. In such cases, the Seventeenth Amendment to the Constitution allows state legislatures to empower the governor to appoint a replacement senator to complete the term or hold office until a special election can be held.

The process of filling a vacant Senate seat can vary from state to state. Some states require a special election to fill the vacancy, while others allow the governor to make a temporary appointment. A few states mandate that the appointed senator be from the same political party as the previous incumbent, and some require the governor to choose from a list of prospective candidates submitted by the previous incumbent's party.

It is worth noting that the power to appoint senators is not universal for all governors. The specific authority granted to a governor depends on the state's constitution, legislation, and traditions. Additionally, the Senate Historical Office does not maintain records of senators who were appointed before the passage of the Seventeenth Amendment in 1913, which established the direct election of senators.

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