Gavin Howe
Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They also have the power to veto legislative measures and declare emergencies. While the scope of gubernatorial power varies from state to state, a common question arises: can governors or states choose to disobey federal laws? This question is particularly relevant when considering the legalisation of marijuana in some states despite federal law, and the creation of 'sanctuary' states for guns and illegal immigrants.
| Characteristics | Values |
|---|---|
| Governors' powers | Vary from state to state in accordance with state constitutions, legislation, and tradition |
| Governors' role | Implement state laws, oversee the operation of the state executive branch, advance and pursue new and revised policies and programs |
| Governors' authority | Declare emergencies, modify their state's statutory, regulatory, and legal framework, appoint state court judges |
| Impeachment | All states except Oregon provide for the impeachment of governors |
| Legislative bills | All 50 state governors have the power to veto whole legislative measures |
| Federal government's power | Cannot commandeer the resources of the states, can threaten to withhold federal funds to keep states in line |
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What You'll Learn
Governors' powers and limitations
Governors in the United States have a wide range of powers and responsibilities, but these can vary from state to state. They are the chief executives and commanders-in-chief of their states, and function as both the head of state and head of government. They are responsible for implementing state laws and overseeing the operation of the state's executive branch. They also advance and pursue new and revised policies and programs using tools such as executive orders, executive budgets, and legislative proposals and vetoes.
One of the most significant powers of governors is their ability to issue executive orders and take emergency actions. They have the authority to declare emergencies, including disaster and public health emergencies, and can temporarily modify their state's statutory, regulatory, and legal framework to respond to the changing nature of an emergency. Governors also have considerable control over government budgeting and the appointment of many officials, including judges. They play a crucial role in legislation, with the power to sign or veto laws. In all but seven states, governors have the power of the line-item veto on appropriations bills.
However, it is important to note that governors do not hold or exercise their powers in isolation. They must share power with other actors within and outside the state, including state legislatures, which can sometimes limit their ability to achieve their goals. Additionally, the national government in Washington, D.C., has a continuous impact on what state governments can and must do. The U.S. government is based on a separation of powers, with the legislative branch making laws, the executive branch carrying out or executing them, and the judicial branch interpreting them.
While governors have significant powers, they are also subject to limitations and checks and balances. All states except Oregon provide for the impeachment of governors, and in most cases, impeachment requires a majority vote. Governors' appointment powers are limited in certain areas, such as the appointment of state comptrollers and the heads of state education agencies. Additionally, their control over government budgeting may be moderated by the state legislature and other elected executive officials.
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State laws vs. federal laws
In the United States, the federal government cannot commandeer the resources of individual states. This means that if the federal government wants to enforce a law that contradicts state law, it must either pay for its law enforcement to enforce the federal law or convince the state to cooperate.
State laws are created by the state legislative body and are signed into law by the state governor. Governors are responsible for implementing these state laws and overseeing the operation of the state executive branch. They also have the power to veto legislative measures, and in most states, a bill will become law unless vetoed by the governor within a specified number of days. Governors can also declare a state of emergency, which allows them to temporarily modify their state's statutory, regulatory, and legal framework to respond to the emergency more effectively.
However, the federal government can influence states to comply with federal laws by threatening to withhold federal funds. For example, when the federal government wanted to raise the drinking age to 21, it threatened to withhold highway funds from states that did not comply. This is a common tactic used by the federal government to keep states in line with its policies.
While states generally follow federal laws, there have been instances where states have chosen to legalise practices that contradict federal laws, such as the legalisation of marijuana in certain states. In these cases, the federal government may choose to enforce its laws selectively or not at all, depending on its resources and priorities.
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Governors' role in state laws
Governors play a crucial role in state laws, acting as the chief executive and commander-in-chief of each state and its territories. They are responsible for implementing state laws and overseeing the state's executive branch, which includes advancing new policies and pursuing revisions using tools like executive orders and legislative proposals. Governors also have ceremonial duties, such as greeting dignitaries and issuing proclamations.
One of the governor's primary roles is as the chief legislator. They are perceived as major initiators of policy changes and have significant influence in the legislative arena. They can propose and sign laws, and they have the power to veto legislative measures. Every bill passed by the state legislative body is presented to the governor for signing or vetoing within a specified time frame. Governors can also use their position to encourage support for legislative initiatives and influence the progress of legislation through meetings with relevant stakeholders.
The governor's role extends to emergency management, where they can declare emergencies and temporarily modify the state's legal framework to respond to the situation. They serve as the key communicators during emergencies, providing advice, instructions, and maintaining public order. Gubernatorial emergency powers allow for enhanced collaboration across state and local agencies and provide flexibility in allocating state and federal funds.
In terms of appointments, governors have varying levels of authority across states. They can appoint department and agency heads, and in most states, they have the authority to appoint state court judges, typically from a list provided by a nominations committee. Governors also have the power to pardon or commute criminal sentences in many states and territories.
It is important to note that the scope of gubernatorial power varies from state to state, as defined by state constitutions, legislation, and traditions. The position of lieutenant governor, who serves as the acting governor in the event of vacancy, also differs across states. While governors have significant roles and responsibilities, they are subject to checks and balances, and their powers may be moderated by the state legislature and other elected officials.
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Impeachment of governors
In the United States, impeachment is a process that can be used to remove state officials, including governors, from office. While the specific procedures for impeachment vary across states, it typically involves a vote by the lower chamber of the state legislature to impeach, followed by an impeachment trial held in the upper chamber. However, some states, like Alaska, reverse this process, with the upper chamber initiating impeachment and the lower chamber acting as the court of impeachment.
State legislatures in every state except Oregon have the power to impeach governors. The impeachment process is similar to that of the federal government, with the lower body of the legislature initiating impeachment and the upper body conducting the trial. In most cases, impeachment requires a majority vote, while conviction typically requires a two-thirds majority or another special majority.
Throughout US history, several governors have faced impeachment trials, often on corruption charges or allegations of illegally using military force. For example, in 1871, North Carolina's Republican governor, Holden, was impeached for invoking martial law and arresting members of the Ku Klux Klan. More recently, in 2009, Illinois governor Rod Blagojevich was impeached and removed from office for corruption, including attempting to sell Barack Obama's US Senate seat.
The impeachment process is remedial rather than punitive, meaning that individuals may still be subject to criminal or civil trials and convictions under the law after removal from office. Additionally, conviction in an impeachment trial does not result in further punishment, such as the loss of pension, although it can lead to disqualification from holding future offices.
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Governors' emergency powers
Governors derive their powers from the state's constitution and are responsible for implementing state laws and overseeing the operation of the state executive branch. They also advance and pursue new and revised policies and programs using tools such as executive orders, executive budgets, and legislative proposals and vetoes.
During emergencies, governors can enhance capabilities, coordination, and collaboration across state and local agencies. They can also reallocate state and federal funds and temporarily modify their state's statutory, regulatory, and legal frameworks to respond to the changing nature of an emergency more quickly. All states give the governor the authority to declare one or more types of emergencies, including a disaster or public health emergency.
The COVID-19 pandemic highlighted the importance of state governments and the emergency powers of state officials, especially governors. State governments possess more power than the federal government in responding to a health crisis, and governors are the most important state officials in this regard. They are empowered by state statutes to declare emergencies and exercise extensive emergency powers. For example, Governor Newsom of California declared a state of emergency in response to the coronavirus and issued a series of orders, including suspending the normal one-week waiting period for individuals to file unemployment insurance claims.
However, there are limitations to a governor's emergency powers. For instance, they cannot suspend any provisions of the Constitution or commandeer media outlets such as newspapers, wire services, or radio or TV stations during a state of emergency. Additionally, the Emergency Services Act (ESA) requires the governor to end a state of emergency "at the earliest possible date that conditions warrant," and the legislature can terminate a state of emergency by concurrent resolution.
While the federal government can threaten to withhold funds to influence state policies, it does not possess plenary power, even during emergencies. The federal government cannot commandeer state resources, and local law enforcement may choose not to enforce federal law on certain matters, creating "sanctuary" cities or states.
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Frequently asked questions
Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They do not have the authority to disobey federal laws. However, they can use their powers to influence the implementation of federal laws in their states.
Governors can use their role as party leaders to encourage or discourage support for legislative initiatives stemming from federal laws. They can also work with department heads and staff to influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders.
All 50 state governors have the power to veto legislative measures. However, this power typically applies to state laws rather than federal laws. Governors can indirectly influence federal laws by proposing and pursuing new policies and programs using tools like executive orders, executive budgets, and legislative proposals. They also have emergency powers that allow them to temporarily modify their state's legal framework to respond to emergencies.
