Anaya Nolan
Governors have a wide range of powers and responsibilities that vary across the 50 states of the United States. They are the chief executive officers of their state and are responsible for implementing state laws and overseeing the operation of the state executive branch. They can issue executive orders, executive budgets, and legislative proposals and vetoes. They also have emergency powers that can be activated through the implementation of a state declaration of emergency or disaster, which allow them to temporarily modify their state's statutory, regulatory, and legal framework. Governors can also declare emergencies without the consent of the legislature in 41 states. However, the extent of their power is often debated, with some arguing that governors have overstepped their authority and infringed on the responsibilities of the legislature.
| Characteristics | Values |
|---|---|
| Governors' powers | Veto powers, emergency powers, executive powers, power to appoint state court judges |
| Governors' roles | Chief executive, chief legislator, chief of state, crisis manager, chief judge, chief of party, intergovernmental liaison, military chief |
| Governors' responsibilities | Implementing state laws, overseeing the operation of the state executive branch, ensuring the state is prepared for emergencies and disasters |
| Limitations on governors' powers | Cannot create obligations, responsibilities, conditions or processes with legal force without statutory authority, cannot issue executive orders without constitutional or statutory provisions |
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What You'll Learn
Governors can declare emergencies and temporarily modify laws
The governor's emergency powers, typically activated through a state declaration of emergency or disaster, enable them to enhance capabilities, coordination, and collaboration across state and local agencies. These powers also provide states with the flexibility to respond to exigent circumstances, including the reallocation of state and federal funds. For example, during the COVID-19 pandemic, governors in various states utilized their emergency powers to allocate federal COVID-19 assistance and make budgetary decisions.
Emergency declarations also grant governors the ability to temporarily modify their state's statutory, regulatory, and legal framework to address the evolving nature of an emergency more effectively. All states authorize the governor to declare one or more types of emergencies, such as a disaster emergency or a public health emergency. The specific procedures for making these legal declarations, including durational limitations and legislative involvement, are outlined in state laws.
It is important to note that the governor's authority to issue executive orders and temporarily modify laws is not without constraints. In the absence of a statute or constitutional provision authorizing the governor to act, they cannot create obligations, responsibilities, conditions, or processes with the force and effect of law through executive orders. The governor's powers are derived from the constitution or statutory provisions, and any exercise of authority must align with these sources.
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Governors can veto laws
All 50 state governors in the US have the power to veto legislative measures. This means that they can reject a bill passed by the state legislature, preventing it from becoming a law. Governors can also veto specific parts of a bill, allowing the rest to pass. This is known as a line-item veto, where the governor can strike a general item from a piece of legislation.
In most states, a bill will become law unless it is vetoed by the governor within a specified number of days. This time period varies among states. In a few states, a bill will not become law unless the governor provides their signature of approval within a set number of days. If the governor does not act within this time, the bill is effectively vetoed, which is known as a pocket veto.
Other types of vetoes available to governors in some states include reduction and amendatory. A reduction veto allows governors to delete a budget item, while an amendatory veto enables them to revise legislation.
Legislatures may override vetoes, typically requiring a supermajority or two-thirds vote. However, if the legislature fails to override the veto, the bill will not become law.
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Governors can issue executive orders
The power of a governor's executive order is limited by the state and federal constitutions, as well as statutory authority. For example, in Washington State, Governor Gardner issued Executive Order 90-04 on April 21, 1990, pertaining to the protection of wetlands. However, the court found no statute authorizing the governor to issue orders with the force and effect of law on this matter. The court affirmed that the governor's powers are delegated by the Constitution or a statute, and without specific statutory authority, the governor cannot create obligations and responsibilities through executive orders.
Similarly, the Trump administration's use of executive orders was challenged as illegal and unconstitutional. Judge Beryl Howell questioned whether executive orders "stand in for law" and could be subject to a bill of attainder constitutional bar. Amici and counsel shared the view that Trump's executive orders violated constitutional rights and interfered with the separation of powers.
On the other hand, gubernatorial emergency powers can provide avenues for governors to 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 framework to respond to emergencies.
In summary, while governors can issue executive orders, their authority to create legally binding obligations or conditions is limited by constitutional and statutory provisions. The specific impact of a governor's executive order on local laws will depend on the context and the relevant state's legislative processes.
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Governors can declare a disaster emergency or public health emergency
Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They are also responsible for ensuring their state is adequately prepared for emergencies and disasters of all types and sizes. While most emergencies and disasters are handled at the local level, governors must be prepared for day-to-day events such as tornadoes, floods, power outages, industrial fires, and hazardous materials spills. They must also be prepared for larger-scale catastrophes such as the COVID-19 pandemic and hurricanes.
To this end, governors can declare a disaster emergency or public health emergency. This provides avenues to enhance capabilities, coordination, and collaboration across state and local agencies. It also gives states the flexibility to respond to exigent circumstances, including the reallocation of state and federal funds. For example, in 2012, the governor of Louisiana declared both a state of emergency and a public health emergency for Hurricane Isaac.
Emergency declarations allow governors to temporarily modify their state's statutory, regulatory, and legal framework to respond more quickly to the changing nature of an emergency. For instance, after Hurricane Katrina, Louisiana's governor temporarily suspended deadlines for in-state legal proceedings. Similarly, public health emergency declarations can provide a state's health sector with flexibility and guidance about the parameters of its response. This was seen during the H1N1 influenza pandemic, which led to seven public health emergency declarations.
It is important to note that the specific processes and constraints for declaring emergencies vary among states. While governors have the authority to declare emergencies, they must follow the relevant state laws and procedures. The governor of a state or the tribal chief executive of a tribe must submit a declaration request to the President through their FEMA Regional Office. This request must include confirmation that the governor has taken appropriate action under state law and directed the execution of the state emergency plan.
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Governors can appoint state court judges
Governors can play a significant role in shaping the judiciary of their states, as they possess the authority to appoint state court judges in a majority of states. This power can be wielded in different ways, depending on the specific state and its selection method.
In some states, governors can directly appoint state court judges without being restricted to a list of names provided by a selection committee. For instance, in California, the governor's nominee for a state court judge must be confirmed by the California Commission on Judicial Appointments, which includes the state's attorney general, the chief justice, and the most senior presiding justice of the California Courts of Appeal. This process is similar to the federal level, where Article III judges are appointed by the president and confirmed by the US Senate. As of April 2024, five states, including California, employed this method for their state supreme court, and four states used it for at least one court below the supreme court level.
However, in many other states, governors typically appoint state court judges from a list of nominees submitted by a judicial nominating commission or a bar-controlled commission, where the state bar association holds significant influence. This "assisted appointment" or "merit selection" method, also known as the Missouri Plan, is utilised by over thirty states at some level of their judiciary. It aims to balance gubernatorial power with the input of legal experts, ensuring that judges are appointed based on their qualifications and merit.
The American Bar Association (ABA) has long advocated for 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 fear that judicial decisions may be influenced by the pressure of upcoming elections, potentially undermining public confidence in the courts.
While the gubernatorial appointment of state court judges can vary in its specifics, it is a significant power that allows governors to shape the judiciary and ensure that their priorities and philosophies are reflected in the state's legal system.
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Frequently asked questions
No, a governor cannot create new laws. However, they can advance and pursue new and revised policies and programs using executive orders, executive budgets, and legislative proposals and vetoes.
Governors can temporarily modify existing laws in their state in the event of an emergency. They can also veto whole legislative measures, or parts of them, and can appoint state court judges.
A veto allows a governor to reject a bill passed by the state legislature. In most states, a bill will become law unless it is vetoed by the governor within a specified number of days.
Yes, in the event of a state of emergency, a governor can temporarily modify their state's statutory, regulatory, and legal framework to respond to the changing nature of an emergency.
A governor can affect local laws without a state of emergency by issuing executive orders, but only if they have been granted the authority to do so by the constitution or a statute.
