Gavin Howe
The governor of Maryland is the commander-in-chief of the state's military forces and is responsible for carrying out the business of the state and enforcing the laws passed by the legislature. While the governor does not make laws, they do have the power to veto any bill sent by the Maryland General Assembly, and the assembly may override that veto with a three-fifths majority vote. The governor also has the power to grant pardons, commute sentences, and remit fines for criminals and convicted prisoners. Additionally, they play a role in appointing civil and military officers, as well as certain boards and commissions.
| Characteristics | Values |
|---|---|
| Commander-in-chief | Yes, of all Maryland's naval and militia forces, including the Maryland Army National Guard, Air National Guard and the Maryland Defense Force |
| Power to make laws | No, but can veto any bill sent by the Maryland General Assembly, though the assembly may override that veto |
| Emergency powers | Yes, including the power to mobilise military forces |
| Pardoning powers | Yes, the governor may grant pardons to criminals, commute the sentences of prisoners, or remit fines and forfeitures |
| Ability to declare governor unfit | Yes, the General Assembly may, by a three-fifths vote, declare the governor unfit to hold office |
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What You'll Learn
The governor can veto laws passed by the General Assembly
The governor of Maryland has the power to veto laws passed by the General Assembly. This means that the governor can block or reject any bill sent to them by the Maryland General Assembly. However, it's important to note that the General Assembly can override the governor's veto.
The governor's veto power is a significant aspect of the law-making process in Maryland. When a bill is passed by the General Assembly, it requires the governor's signature to become a law. If the governor disagrees with the bill or has concerns about its content, they can choose to veto it. This action effectively stops the bill from becoming law, at least temporarily.
The governor's ability to veto provides a check and balance on the legislative branch, ensuring that the governor has a say in the laws that are enacted. It allows the governor to ensure that the laws align with their policies and priorities for the state. However, the General Assembly has the power to override the governor's veto, demonstrating the balance of power between the executive and legislative branches in Maryland.
The process of overriding a governor's veto in Maryland requires a supermajority vote in the General Assembly. Specifically, a three-fifths vote of the membership of each house is needed to override the veto and pass the bill into law without the governor's approval. This high threshold ensures that only bills with strong legislative support can overcome the governor's objection.
The governor's veto power also extends to appropriations bills, which involve the allocation of state funds. The governor has the authority to use a "line-item veto" on these bills, allowing them to strike specific portions of the bill while approving the rest. This gives the governor a more nuanced approach to shaping the state's budget and spending priorities.
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The governor can grant pardons, commute sentences and remit fines
The governor of Maryland is the state's chief executive and is responsible for enforcing the laws passed by the legislature. While the governor does not have the power to make laws, they can veto any bill sent to them by the Maryland General Assembly, although this can be overridden by a three-fifths majority in the Assembly.
The governor can grant pardons, commute sentences, and remit fines for violations of state laws. Clemency, or the remittance of the consequences of a committed crime, is allowed in virtually every state, with the governor or a board of pardons granted the authority to administer it. The governor of Maryland can grant pardons and reprieves, provided they follow a certain protocol for notifying lawmakers and citizens of such actions.
In the case of a violation of state laws, the governor can choose to pardon a criminal, which absolve them of their crime without absolving them of guilt. They can also commute a sentence, which means they can reduce a prisoner's sentence or punishment. The governor can also remit fines, which means they can choose to relieve a convicted person of the obligation to pay a fine.
The governor also has the power to veto any law passed by the General Assembly, including a "line-item veto", which allows them to strike certain portions of appropriations bills. They also sit on the board of public works, which has broad powers in overseeing and approving the spending of state funds.
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The governor can declare a state of emergency and mobilise military forces
The governor of Maryland is the commander-in-chief of the state's military forces, including the Maryland Army National Guard, the Air National Guard, and the Maryland Defense Force. In times of public emergency, the governor can exercise emergency powers, including the mobilisation of these military forces.
The governor can declare a state of emergency, which allows them to activate the National Guard and bring them to active duty. This was the case in 1941 when, after the Japanese attack on Pearl Harbor, Governor O'Conor ordered the entire Maryland State Guard to active duty status. Similarly, in 1917, Governor Emerson C. Harrington called for the Maryland General Assembly to pass a law for the "organisation and maintenance" of a State Guard to protect "public buildings, water supplies, and other properties".
The governor can also exercise emergency powers in peacetime. For example, the National Defense Act of 1916 allowed states to form and deploy "such military forces other than the National Guard as may be provided by the laws of such State". This allowed state governments to organise militia forces for the internal well-being of the state.
The governor's role as commander-in-chief means they can organise and maintain additional military forces, such as the Maryland Defense Force. The governor can also appoint almost all military and civil officers of the state government, subject to the advice and consent of the Maryland State Senate. However, the governor may not take direct command of military forces without the consent of the legislature.
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The governor can fill vacancies in the General Assembly
The governor of Maryland has a variety of powers and responsibilities. While the governor's main constitutional responsibility is to carry out the business of the state and enforce the laws passed by the legislature, they also have some say in these laws. The governor has the power to veto any bill sent to them by the Maryland General Assembly, though the assembly may override that veto. The governor also has the power to fill vacancies in the General Assembly.
The governor of Maryland appoints almost all military and civil officers of the state government, subject to the advice and consent of the Maryland State Senate. The governor also appoints certain boards and commissions in each of the 24 counties and in Baltimore City, such as local Boards of Elections and commissions notaries public. When a vacancy arises in the General Assembly, the governor fills that vacancy, choosing from among the recommendations of the local party organization to which the person leaving the vacancy belonged.
The process by which vacancies in the General Assembly are filled has been a target of Maryland lawmakers for some time. Changing the system has been a goal of good government groups including the Maryland Public Interest Group and Common Cause Maryland for several years. Proponents of a new system say that the current one ignores voters. Under current law, when a vacancy arises, the central committee of the party that held the seat interviews candidates and recommends a replacement to the governor. The governor then typically appoints that candidate to the open seat.
One proposed change to the system is Senate Bill 140, sponsored by Sen. Clarence K. Lam. This bill would impose rules on how central committees fill future vacancies. Another proposed change is a bill sponsored by Kagan. This bill would amend the Maryland Constitution and require a three-fifths vote in both chambers and approval of voters. If approved, the changes would take effect in 2026.
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The governor can reorganise the Executive Branch
The Governor of Maryland is the head of the executive branch of the state government. As such, they have the power to reorganise the Executive Branch, including establishing and abolishing departments, offices, and agencies. This power is outlined in § 24 of the Maryland Constitution.
The governor's ability to reorganise the Executive Branch is a significant aspect of their role as the state's chief executive. This power allows them to shape the structure and organisation of the state government, ensuring it aligns with their policies and priorities. The governor can create or disband entire departments, offices, or agencies, giving them substantial influence over the state's administrative machinery.
This authority extends to the various departments and agencies under gubernatorial control, including advisory boards, commissions, committees, and task forces. The governor also has an executive administrative staff to assist in coordinating and executing these executive duties, led by a chief of staff with several deputies. This staff is appointed by the governor and is largely exempt from state civil service laws.
The governor's power to reorganise the Executive Branch is not unlimited, however. While they can establish and abolish positions, the appointment of civil and military officers is subject to the advice and consent of the Maryland State Senate. Additionally, the governor's actions are scrutinised by the legislature, which can override certain decisions, such as vetoes, by a three-fifths vote.
In conclusion, the governor of Maryland's power to reorganise the Executive Branch gives them significant influence over the state's administrative structure. This power allows them to shape the government's organisation to align with their policies and priorities, demonstrating the critical role of the governor in the state's overall governance.
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Frequently asked questions
No, the governor cannot create laws but they can veto any bill sent to them by the Maryland General Assembly.
All bills passed by the General Assembly become law when signed by the Governor. Laws approved in this way take effect on the first day of June after the session in which they were passed, except when a later date is specified in the act, or the bill is declared an emergency measure.
Yes, the General Assembly can override a veto from the governor by a three-fifths vote of the number of members in each house.
