Governors, Mayors, And Federal Law: Who's The Boss?

Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They also have the power to declare emergencies, modify their state's legal framework, and appoint state court judges. In most cases, impeachment of a governor requires a majority of members, while conviction generally requires a two-thirds majority. In the case of New York City Mayor Eric Adams, New York Governor Kathy Hochul considered using her authority to remove him from office following corruption charges. This example illustrates the complex dynamics between state and local governments, raising questions about the extent of a governor's power in holding mayors accountable to legal standards.

A governor's authority to remove a mayor from office

A governor can remove a mayor from office, but the process is complex and depends on various factors, including state law and the specific circumstances. In the case of New York City, Governor Kathy Hochul considered removing Mayor Eric Adams from office following a five-count criminal indictment, including bribery and illegal campaign contributions. This power is derived from the broad powers granted to the governor in the state Constitution and the New York City Charter.

According to the New York City Charter, the governor can remove the mayor, but a specific procedure must be followed. The governor must first inform the mayor of the charges against them and provide an opportunity for the mayor to respond and defend themselves. This process includes a question-and-answer trial period. During this time, the governor can suspend the mayor temporarily, up to a maximum of thirty days.

The decision to remove a mayor is a serious matter and is often influenced by political considerations. In the case of Mayor Adams, there was pressure from critics and the media for him to resign. However, some top legislative leaders and U.S. political figures did not call for his resignation, and the governor herself, Hochul, stated that she needed to consider the situation carefully.

While the governor has the authority to remove a mayor, it is essential to note that this power is not frequently used. Historically, governors in the early 20th century were quicker to remove officials from New York City, but such actions are now relatively uncommon. The specific laws and procedures governing a governor's ability to remove a mayor may vary from state to state, and it is always essential to refer to the relevant state and local laws for a comprehensive understanding.

Governors' powers and responsibilities

The governor serves as the chief executive and commander-in-chief in each of the fifty states and in the five permanently inhabited territories, functioning as the head of state and government. Governors are directly responsible for implementing state laws and overseeing the operation of the state executive branch. They also have ceremonial, executive, legislative, judicial, and military powers. These include representing the state, overseeing the state government, proposing, signing, or vetoing laws, granting state law pardons or commutations, and overseeing the militia and armed forces of the state.

The scope of a governor's power varies from state to state, according to state constitutions, legislation, and tradition. Governors are often ranked by political historians and other observers of state politics according to the number and extent of their powers. For example, governors in all but seven states have the power of the line-item veto on appropriations bills, while the governor's veto can be overridden by a simple majority vote in Alabama, Indiana, Kentucky, and Tennessee.

Governors also have the power to issue executive orders, which can be used to trigger emergency powers and related response actions during natural disasters, public health emergencies, and other situations requiring immediate attention. They are responsible for ensuring their state is adequately prepared for emergencies and can temporarily modify their state's statutory, regulatory, and legal framework to respond to the changing nature of an emergency.

In addition to their direct powers, governors also have informal powers that are not associated with their office but may assist them in fulfilling their roles. These powers may grow from the personal features of those holding the office, such as their relationships with other officials. Governors frequently need the help of other officials to achieve their goals, and their ability to influence and work with others is an important aspect of their role.

Finally, governors have the authority to appoint many department and agency heads, as well as state court judges in most cases. They also have considerable control over government budgeting and a significant role in legislation.

Governors' emergency powers

Governors have extensive emergency powers that can be used to respond to a crisis. These powers are derived from the state's constitution and statutes. In the context of a health crisis, such as the COVID-19 pandemic, governors are typically the most important state officials as they are authorised by state statutes to declare emergencies and exercise significant emergency powers.

The specific emergency powers granted to governors vary by state but generally include the authority to:

• Declare different types of emergencies, including a state of war emergency, a statewide state of emergency, or a local state of emergency.
• Exercise supreme executive power and some lawmaking authority, including suspending certain statutes or regulatory statutes that may hinder the response to the emergency.
• Commandeer private property or personnel to support emergency response efforts, with some exceptions, such as newspapers, wire services, and broadcast media.
• Act as the Commander-in-Chief of the state militia and deploy them to execute the laws.

It is important to note that the emergency powers of governors are not without limits. While governors can declare emergencies and exercise extensive powers, they cannot suspend any provisions of the Constitution. Additionally, the legislature has the authority to terminate an emergency by passing a concurrent resolution. The separation of powers doctrine also plays a role in checking the governor's emergency powers, as courts can uphold the temporary delegation of legislative power to the executive, ensuring it is neither permanent nor irrevocable.

In summary, governors have significant emergency powers that can be utilised to address crises at the state level. These powers are derived from the state's constitution and statutes, and they are intended to provide governors with the necessary tools to respond swiftly and effectively to emergencies. However, these powers are not unlimited and are subject to checks and balances from other branches of government to prevent their abuse.

Impeachment of governors

State legislatures can impeach state officials, including governors and judicial officers in every state. Impeachment is the process by which an elected official, such as a governor, is charged with and tried for crimes or misconduct committed in office. If the lower chamber of a state legislature votes in favour of impeachment, the upper chamber functions as a court of impeachment and votes on whether to convict the governor. However, several states differ in their impeachment procedures. For example, in Alaska, it is the upper chamber that votes to impeach, while the lower chamber acts as the court of impeachment. In Missouri, impeachments are tried by a panel of seven judges selected by the Missouri State Senate, and a majority of five judges are required to convict.

There have been eighteen impeachments of state governors, with two state governors having been impeached twice. The most recent impeachment of a state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117-1 to impeach Rod Blagojevich on corruption charges. He was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. Several others, including Missouri's Eric Greitens in 2018, have resigned rather than face impeachment.

Governors' role in advancing new policies

The role of a governor has evolved over the years, from being representatives of the British monarchy to figureheads, and now to vital policy leaders within states and the country. Governors are the chief executive officials of their states and 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 various tools, including executive orders, executive budgets, and legislative proposals and vetoes.

Governors play a significant role in shaping public policy agendas in their states. They propose legislation and convey policy priorities, often through a State of the State address, which also helps them reach the public and the media to advertise their policy goals. They also have the power to call special legislative sessions, provided the purpose and agenda for the sessions are set in advance. Governors work with state legislatures, other executive branch officials, and even actors outside their states to accomplish their goals.

Additionally, governors have broad authority to nominate officials to serve in state executive branch positions, many of whom will be included in the Governor's advisory committee or "cabinet." They also have the power to appoint state court judges, usually from a list of names submitted by a nominations committee. Governors also develop and submit annual or biennial budgets for review and approval by the legislature, and in some states, they have the power to remove appropriations to which they object, allowing them to play a strong role in establishing priorities for the use of state resources.

In the early 20th century, most governors served two-year terms, and their role was more reluctant to participate in national policy issues. However, today, only the governors of New Hampshire and Vermont serve two-year terms; the rest serve four-year terms, giving them greater opportunities to influence federal issues. Governors have become important players in shaping, implementing, and reforming national policies, and they often work with other governors to promote state-specific issues and address federal concerns, such as during World War II when governors agreed to "cooperate in every possible way" to preserve freedom.

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