Governors' Powers: Rejecting Old Laws

Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They are also responsible for advancing and pursuing new and revised policies and programs using tools such as executive orders, executive budgets, and legislative proposals and vetoes. While governors play a crucial role in the law-making process, the power to repeal or amend existing laws lies primarily with the state legislature. Governors have the option to veto a bill, but once a bill is signed or a veto is overridden, it becomes a law. This means that a new governor cannot directly reject old laws but can influence the legislative process and veto bills they disagree with.

Governors can veto new bills

Governors play a crucial role in the legislative process. They are responsible for implementing state laws and overseeing the state's executive branch. While they don't have the power to make or repeal laws, they can use their position to influence the passage or rejection of new laws. One of the most significant powers a governor has is the ability to veto new bills.

Every legislative bill that is passed by the state legislative body is presented to the governor for signing. Governors have a specified time frame, which varies among states, to sign or veto proposed legislation. If the governor takes no action within this time, the legislation may become law without their signature. This is known as a "pocket veto." However, in some states, a bill will only become law if the governor signs it within the given timeframe.

The veto power allows governors to prevent a new law from being passed by refusing to sign it. This gives them a check on the legislative branch and ensures they have a say in the creation of new laws. Governors can also use different types of vetoes, such as "line-item," "reduction," and "amendatory," to shape legislation further. With a line-item veto, a governor can strike a general item from a piece of legislation. A reduction veto allows them to delete a budget item, and an amendatory veto enables them to revise the legislation.

It is important to note that a governor's veto is not absolute. The legislature can override a veto, usually by a supermajority vote, and the bill can still become law. Additionally, the scope of gubernatorial power varies from state to state, so the specific impact of a governor's veto may differ depending on the state's constitution and traditions.

Governors can't repeal laws

Governors cannot repeal laws. While they are responsible for implementing state laws and overseeing the operation of the state executive branch, they do not have the power to repeal or change them. Each state has its own legislative body that makes the laws. The legislative body can also change or repeal a law.

The passage or amendment/repeal of laws is a responsibility of the state legislature, not the state executive. Governors can only veto a law when it is first presented to them, but once signed or once the veto is overridden, that bill becomes law. Governors can also use their role as party leaders to encourage support for legislative initiatives, and along with department heads and staff, they may seek to influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders.

In some states, the state legislature may amend or repeal an approved citizen initiative with a simple majority vote after a certain period. For example, in Washington, the time period is two years, while in North Dakota, it is seven years. Additionally, in Alaska and Wyoming, the legislature can amend an initiative at any time, but two years must pass before a repeal can be made.

While governors cannot repeal laws, they can play a role in influencing and shaping legislation through their veto power, leadership, and collaboration with other stakeholders.

Governors can propose new policies and programs

Governors play a crucial role in proposing new policies and programs, which they pursue using various tools such as executive orders, executive budgets, and legislative proposals. They are responsible for implementing state laws and overseeing the executive branch's operations, acting as the state's chief and liaising with the federal government.

One of the governor's primary functions is to influence the legislative process through their policy agenda, budget proposals, and veto power. They propose new policies and programs by delivering a State of the State address, where they discuss achievements, outline their legislative agenda, and convey their priorities and vision for the state. This address is a powerful tool for governors to communicate their policy goals directly to the legislature and reach the public and media.

Governors also initiate budget proposals, indicating funding priorities and allocating funds to state agencies. They have the authority to appoint officials to state executive branch positions, including state court judges, and play a crucial role in addressing cross-agency issues and concerns. Additionally, governors can call special legislative sessions and work closely with state legislatures to coordinate and advance their policy goals.

While governors cannot make or repeal laws, they can propose legislation, convey policy priorities, and use their veto power to prevent new laws from being passed. They work with legislators to achieve common goals, and their role in the legislative process is essential for pursuing new policies and programs.

Governors can appoint state court judges

Governors cannot reject old laws. The passage or amendment/repeal of laws is a job for the state legislature, not the state executive. Governors can attempt to veto a new law by refusing to sign it, but once it is signed or the veto is overridden, the bill becomes a law. Governors can neither make nor repeal laws. However, they can advance and pursue new and revised policies and programs using tools like executive orders, executive budgets, and legislative proposals and vetoes.

One of the powers that governors in the United States possess is the ability to appoint state court judges. The specifics of this selection method vary by state. In each state, the governor appoints a judge and is not required to select a name from a list provided by a judicial selection commission or nominations committee. After a nominee is chosen, another body must confirm the appointment before the nominee can take office. This body could be a legislative or other government body, such as a state commission on judicial appointments, or a state's executive council.

The gubernatorial appointment method of judicial selection is a process by which the governor appoints state judges directly without having to select from a list of names provided by a selection committee. As of April 2023, all states using this method required a legislative or other government body to confirm the appointments. This selection method is similar to the one used at the federal level for Article III judges, who are appointed by the president and confirmed by the U.S. Senate.

As of April 2024, five states—California, Maine, Massachusetts, New Hampshire, and New Jersey—used the gubernatorial appointment method at the state supreme court level. Four states used this selection method 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.

Governors can appoint successors to Senators

Governors cannot make or repeal laws, but they are responsible for implementing state laws and overseeing the operation of the state executive branch. They can use their role as party leaders to encourage support for legislative initiatives and influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders. One of the most important powers of a governor is the ability to veto new legislation.

In the context of appointing successors to Senators, governors have certain powers. If a Senator dies, resigns, or is expelled during their term, the Seventeenth Amendment to the Constitution (1913) allows state legislatures to empower the governor to appoint a replacement to complete the term or hold office until a special election. Most state legislatures have granted their governors this power of appointment. However, it is worth noting that some states require a special election to fill a vacancy, and a few states mandate that the governor appoint a replacement from the same political party as the previous incumbent.

There have been several instances of governors appointing themselves to vacant Senate seats. For example, in Montana in 1933, when Senator Thomas Walsh (D) died, Governor John Erickson (D) appointed himself but lost the 1934 primary. In Kentucky, in 1939, after Senator Marvel Logan (D) died, Governor Happy Chandler (D) appointed himself and subsequently won the elections in 1940 and 1942. There are several other examples of governors appointing themselves to the Senate, but these usually resulted in losses in the succeeding elections.

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