Who Makes The Laws? Governors And State Legislation

Governors are the chief executives of their states, and they are responsible for implementing state laws and overseeing the operation of the state executive branch. They have the power to advance and pursue new and revised policies and programs using tools like executive orders, executive budgets, and legislative proposals and vetoes. While the governor does not make laws, they play a critical role in the legislative process. They can propose and encourage support for legislative initiatives and influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders. Additionally, they have the power to veto legislative measures, and a bill will typically become a law unless vetoed by the governor within a specified number of days.

Governors can grant clemency and pardons

While governors do not have the power to make laws for their state—this is the role of the state legislative body—they do have a variety of other powers, including the ability to grant clemency and pardons. Clemency is an umbrella term that refers to several mechanisms that allow for the remission of the consequences of a committed crime.

The power to grant clemency and pardons is held by the governor in virtually every state, although the terminology, procedure, and structure may vary. In 15 states, the governor has full and sole authority to grant clemency: Alabama, Arkansas, California, Colorado, Kentucky, Mississippi, New Jersey, New Mexico, North Carolina, Oregon, South Carolina, South Dakota, Virginia, Washington, and Wyoming. In seven states, the governor must have the recommendation of clemency from a board or advisory group, and in four other states, a board or advisory group has the sole discretion to grant clemency.

The pardon power is vested in the governor, who is advised by an informal executive clemency advisory committee. A pardon relieves all legal disabilities, and it results in the erasure of the record. In turn, this results in the destruction of the record after three years, after which the conviction has no predicate effect. A pardoned conviction is not sealed and will still appear on your record, but it will facilitate the removal of legal disabilities imposed because of the conviction and should lessen the stigma arising from the conviction. A pardon may also be helpful in obtaining licenses, bonding, or employment.

Governors who have issued broad grants of clemency include Pat Quinn of Illinois in 2011, Jon Corzine of New Jersey in 2007, George Ryan of Illinois in 2003, Richard Celeste of Ohio in 1991, and Toney Anaya of New Mexico in 1986.

Governors can appoint department heads

While governors do not have the power to make laws, they are responsible for implementing state laws and overseeing the operation of the state executive branch. Governors can also advance and pursue new and revised policies and programs using tools such as executive orders, executive budgets, and legislative proposals and vetoes.

Governors carry out their responsibilities with the support of department and agency heads, many of whom they can appoint. The governor appoints department heads who make up the Cabinet. The Cabinet serves as an advisory council to the governor, advising on policy development and conveying the governor's priorities to appointees and addressing cross-agency issues. The size and frequency of cabinet meetings vary among the states, commonwealths, and territories.

The governor's power to appoint department heads is limited in certain areas, such as the heads of state education and higher education agencies. In some states, these positions are filled through independent elections or appointments by boards or agency heads, rather than by the governor directly.

In addition to appointing department heads, governors in most states have the authority to appoint state court judges, typically from a list of names submitted by a nominations committee. Governors also have the power to appoint interim officers or acting officers in cases of vacancy or physical or mental incapacity of an officeholder.

The governor's appointment powers are an example of their "institutional powers" set in place by law, which also include budget controls and veto powers. These powers can vary from state to state, with the scope of gubernatorial power being determined by state constitutions, legislation, and tradition.

Governors can advance new policies and programs

Governors play a crucial role in advancing new policies and programs in their states. They are responsible for implementing state laws and overseeing the executive branch's operations. Governors can propose new policies and revisions to existing ones, using various tools such as executive orders, budgets, and legislative proposals. They also have the power to veto legislative measures, which gives them direct influence over lawmaking.

The governor's role as the chief executive of the state is significant in advancing new policies. They appoint department heads, who form the Cabinet, and work closely with them to pursue their policy agenda. Governors can influence legislation by regularly meeting with legislators, legislative officials, and stakeholders. They can encourage support for their initiatives by leveraging their position as party leaders. Additionally, governors have the authority to appoint interim officers to fill vacancies in certain offices temporarily.

The scope of a governor's power varies from state to state, as defined by state constitutions, legislation, and tradition. In most states, governors have the authority to appoint state court judges, usually from a list of names provided by a nominations committee. They also have the power to grant clemency, reprieves, commutations, and pardons for offences, except in cases of impeachment.

To advance their policy agenda, governors can use their budgetary powers. They propose executive budgets, which can shape the state's spending priorities and influence various programs and initiatives. Governors also have the authority to call for extra sessions of the state legislature on extraordinary occasions, allowing them to address pressing issues and shape the legislative agenda.

Additionally, governors can influence policy through their appointments. By appointing department and agency heads, they can ensure their policies are implemented effectively. The appointed administrators are likely to follow the governor's lead, allowing for a more cohesive approach to policy execution.

Governors can veto legislative measures

While governors do not make laws, they play a crucial role in the legislative process. They are responsible for implementing state laws and overseeing the operation of the state executive branch. As state leaders, they advance and pursue new and revised policies and programs using various tools, including executive orders, executive budgets, and legislative proposals and vetoes.

One of the most significant powers that governors possess is the ability to veto legislative measures. All 50 state governors have the authority to veto entire legislative bills. This means that they can prevent a bill passed by the state legislature from becoming law by refusing to sign it. The governor's veto power serves as a critical check and balance within the state legislative process.

The process of vetoing a bill by a governor is known as a "pocket veto." After the state legislative body passes a bill, it is presented to the governor for signing. The governor has a specified amount of time, which varies from state to state, to either sign the bill into law or veto it. If the governor takes no action within the allotted time, the bill may become law without their signature, a process known as a "pocket veto."

In addition to the standard veto power, governors in some states have additional types of veto authority. These include the "line-item veto," which allows governors to strike specific items from a piece of legislation, the "reduction veto," which enables them to delete budget items, and the "amendatory veto," which gives them the power to revise legislation. These different types of vetoes provide governors with a degree of influence and control over the legislative process, allowing them to shape policies and prioritize state resource allocation.

It is important to note that a governor's veto is not always the final word. State legislatures have the power to override a gubernatorial veto and enact a bill into law even without the governor's signature. The number of legislators required to override a veto varies by state, with 36 states requiring a two-thirds vote and six states requiring a majority vote. This ability to override a veto serves as a counterbalance to the governor's power, ensuring that the legislative branch retains the ultimate authority in the law-making process.

Governors can call for extra sessions of the General Assembly

Governors have a variety of roles and responsibilities, including implementing state laws and overseeing the operation of the state executive branch. They are the chief executives of their state and are responsible for advancing and pursuing new and revised policies and programs. While they do not have the power to make laws, they can influence the legislative process through various means. One such power is the ability to call for extra sessions of the General Assembly.

The Governor may, on extraordinary occasions, convene the General Assembly. This power is not absolute and is subject to certain conditions and limitations. For example, in Pennsylvania, the Governor can convene the General Assembly in an extraordinary session for the transaction of executive business. The Governor must also provide a written statement to the Attorney General, declaring their physical capability to perform the duties of their office.

In North Carolina, the Governor may, with the advice of the Council of State, convene the General Assembly in an extra session by issuing a proclamation stating the purpose. This allows the Governor to bring the legislature together to address specific issues or matters that require immediate attention outside of the regular legislative session.

Additionally, the Governor can call for special sessions of the General Assembly. In Pennsylvania, special sessions may be called by the Governor whenever, in their opinion, the public interest requires it. This allows the Governor to bring the legislature together to address matters of significant public concern or urgency.

The ability to call for extra sessions gives Governors a tool to address pressing issues that may arise between regular legislative sessions. By convening the General Assembly, Governors can facilitate discussion, debate, and potential legislative action on matters of importance to the state. This power enables them to initiate legislative engagement outside the standard legislative calendar.

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