Gavin Howe
Governors have a variety of responsibilities, including implementing state laws and overseeing the state executive branch. They can also propose new policies and advance or revise existing ones through various means, such as executive orders, budgets, and legislative proposals. While governors have the power to veto entire legislative measures, the scope of their authority varies from state to state and is defined by state constitutions, legislation, and tradition. This raises the question: Can a governor ignore the law? The answer may depend on the specific context and the state in question, as different states have different provisions regarding gubernatorial power.
| Characteristics | Values |
|---|---|
| Governors' power to veto legislative measures | All 50 state governors have the power to veto legislative measures |
| Governors' power to appoint state court judges | Majority of governors have the authority to appoint state court judges |
| Governors' power to appoint state attorney general | Governors in 5 states—Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming—appoint the state attorney general |
| Governors' power to issue executive orders | Governors cannot create obligations, responsibilities, conditions, or processes having the force and effect of law by the issuance of an executive order without a statute or constitutional provision authorizing them to act |
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What You'll Learn
Governors can veto legislative measures
All 50 state governors in the US have the power to veto whole legislative measures. This means that a bill will not become law if it is vetoed by the governor within a specified number of days, which varies among states. In a smaller number of states, bills will not pass unless the governor formally signs them within a specified number of days. This is known as a "pocket veto".
Other types of vetoes available to state governors include "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.
The power of veto has a long history, dating back to antiquity. The term "veto" is Latin for "I forbid" and was first used in the Roman Republic when tribunes could nullify actions taken by consuls. In pre-1700 England, the monarch had the power to veto laws passed by Parliament, and this power was absolute.
In the US, the president and state governors usually issue a veto statement or message when returning a measure to Congress or the state legislature, as required by the US Constitution, state constitutions, or by custom. These statements are not considered precedential, but their reasoning may be respected within the executive branch.
It is important to note that the scope of gubernatorial power varies from state to state in accordance with state constitutions, legislation, and tradition.
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Governors can appoint state court judges
Governors have a wide range of powers and responsibilities, including the power to veto legislative measures. They are responsible for implementing state laws and overseeing the state's executive branch. While the scope of a governor's power varies from state to state, a majority of them have the authority to appoint state court judges.
The process of appointing state court judges by the governor is known as the gubernatorial appointment method of judicial selection. As of April 2023, this method requires legislative or other government body confirmation of the appointments. The governor is not always required to select a judge from a list provided by a judicial selection or nominations committee. However, in some states, such as California, the governor's nominee must be confirmed by a commission or council. For example, California's governor's nominee is confirmed by the California Commission on Judicial Appointments, which includes the state's attorney general, the chief justice, and the senior presiding justice of the California Courts of Appeal.
The gubernatorial appointment method is similar to the federal-level process for selecting Article III judges, who are appointed by the president and confirmed by the Senate. As of April 2024, five states—California, Maine, Massachusetts, New Hampshire, and New Jersey—used this method for their state supreme courts. Four other states used this method for at least one court level below the supreme court.
The American Bar Association (ABA) has long recommended gubernatorial appointment of judges from a list of candidates compiled by a judicial nominating commission. This recommendation stems from concerns about the potential negative consequences of judicial elections, including the impact on public confidence in the courts and the selection of unqualified or partisan judges.
While governors have the power to appoint state court judges, they cannot create obligations, responsibilities, conditions, or processes with the force and effect of law through executive orders unless authorized by a statute or constitutional provision. Their powers are delegated by the Constitution or statutory provisions, and they cannot act outside of these constraints.
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Governors can issue executive orders
However, in other states, like Washington, the governor's power to issue executive orders is more limited. For example, in the case of Young v. State in 1898, the Washington Supreme Court ruled that the governor only possesses the powers specifically conferred upon the office by constitutional or statutory provisions. This means that, in Washington, a governor generally cannot create obligations, responsibilities, conditions, or processes with legal force and effect through an executive order unless they have been granted the authority to do so by the state legislature.
For example, in Washington State, Governor Gardner issued Executive Order 90-04 on April 21, 1990, pertaining to the protection of wetlands. However, the governor was not authorized to create legally binding obligations or responsibilities regarding wetland protection, as there was no specific statutory authority granting them this power.
In New Jersey, gubernatorial candidates have pledged to use executive orders to achieve various policy goals, such as stopping mandates, ensuring high-density housing in cities, and codifying the Immigrant Trust Directive into law. These pledges demonstrate the expectation that New Jersey's governor has the power to issue executive orders with legal force, at least to some extent.
Ultimately, while governors can issue executive orders, the scope of their power to do so depends on the specific laws and traditions of their state, as well as any relevant court precedents.
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Governors can propose new policies
Governors can also call special legislative sessions and coordinate with state legislatures to develop and submit budgets for approval. They have the authority to nominate officials to serve in state executive branch positions and appoint state court judges, although this often requires confirmation by the state legislature.
In addition to proposing new policies, governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They serve as the liaison between the state and the federal government. When National Guard units are not under federal control, governors are the commanders and chiefs of state militias, responsible for protecting their citizens.
To ensure the effective use of resources, governors should invest in evidence-based policymaking and rigorous evaluation of programs. By following the evidence and investing in continuous learning, governors can make informed decisions about which programs to support and create a roadmap for strengthening their states.
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Governors can revise existing policies
Governors can play a role in revising existing policies. They 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 various tools, such as executive orders, executive budgets, legislative proposals, and vetoes. Governors can propose legislation and convey policy priorities, often through a State of the State address. They can also call special legislative sessions, provided the purpose and agenda for the sessions are set in advance.
One example of a governor revising an existing policy is through the use of veto power. In most states, a bill will become a law unless it is vetoed by the governor within a specified number of days, which vary among states. Governors can use different types of vetoes to revise legislation, such as "line-item" vetoes, where they can strike a general item from a piece of legislation, "reduction" vetoes, where they can delete a budget item, and "amendatory" vetoes, where they can make revisions to legislation.
Additionally, governors have broad authority to nominate officials to serve in state executive branch positions, including their advisory committee or "cabinet." This allows them to influence policy direction and pursue their objectives. Governors also serve as the intergovernmental liaison to the federal government on behalf of the state, further enabling them to impact policy revisions.
In the context of education policy, governors can encourage the rehabilitation of existing schools instead of constructing new ones. For example, they can support legislation that modifies the "two-thirds" rule, which often incentivizes school districts to build new schools rather than renovate existing ones. Governors can also work with state departments of education to promote the benefits of renovation and help local districts adopt renovation-friendly policies and practices.
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Frequently asked questions
No, a governor cannot ignore a law. Governors are responsible for implementing state laws and overseeing the operation of the state executive branch.
Yes, all 50 state governors have the power to veto whole legislative measures. There are several types of vetoes available to governors, including "whole vetoes", "line-item vetoes", "reduction vetoes", and "amendatory vetoes".
No, a governor cannot create a law without statutory authority. In the absence of a statute or constitutional provision that authorizes the governor to act, the governor cannot create obligations, responsibilities, conditions, or processes having the force and effect of law by issuing an executive order.
No, a governor cannot pass an executive order to create legally binding obligations or conditions. The executive, except for recommendation and veto, has no legislative power.
