Governors' Powers: Can They Change The Constitution?

The process of amending the US Constitution is outlined in Article V of the Constitution, but the language is ambiguous, and the role of governors in this process is not entirely clear. The authority to amend the Constitution rests with Congress, which can propose amendments, or with the state legislatures, which can call for a convention for proposing amendments. While governors have a variety of powers and responsibilities, the scope of their power varies from state to state, and they do not appear to have a direct role in proposing or ratifying constitutional amendments. However, governors can influence legislation through their veto power and executive orders, and they are responsible for ensuring that laws are faithfully executed by the executive branch in their respective states.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$103.22 $150

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

Governors' authority varies by state

While the President of the United States has no role in the constitutional amendment process, it is not clear whether this also applies to state governors. The authority to amend the Constitution comes from Article V, but its ambiguous language has led to differing interpretations.

The scope of a governor's power varies from state to state, and they are often ranked according to the number and extent of their powers. For example, some governors can veto redistricting, while others cannot. Governors can also issue executive orders and take emergency actions, but this power is not uniform across all states.

In most states, a bill will become law unless vetoed by the governor within a specified time frame. This time frame varies from state to state, and some states allow for different types of vetoes, such as "line-item", "reduction", and "amendatory". However, it is important to note that legislatures can usually override vetoes with a supermajority vote.

When it comes to amending state constitutions, the process can vary. For example, in Arizona, a simple majority vote is required to pass a constitutional amendment, while in Arkansas, a simple majority vote plus one is needed. In California, two-thirds of the membership of each chamber of the state legislature must propose an amendment, which is then put to a statewide ballot for ratification or rejection by voters. While amendments do not require a governor's signature to be referred to the ballot, governors do play a role in the amendment process by formally submitting proposed amendments to state legislatures.

Governors can veto amendments

While the President of the United States has no role in the constitutional amendment process, governors do have a role to play. Governors 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 tools like executive orders, executive budgets, legislative proposals, and vetoes.

Additionally, governors can recommend specific amendments to a bill by returning it to the house of origin with their recommendations. If both houses agree to the governor's entire recommendation, the bill, as amended, becomes law. However, if either house disagrees with the governor's amendments, the bill is reenrolled with the governor's amendments agreed upon by both houses and returned to the governor. The governor must then sign or veto the amended bill.

In some states, governors have a "line-item veto" power, which allows them to remove specific appropriations from a bill that they object to. This gives governors a strong role in establishing priorities for the use of state resources. Governors can also use their position to influence the progress of legislation through regular meetings with legislators, legislative officials, and other stakeholders.

Amendments don't require governor signatures to be referred to the ballot

The process of amending the US Constitution is outlined in Article V of the Constitution. The process involves Congress proposing amendments, which are then administered by the Archivist of the United States, who is in charge of the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

While the above process describes how the US Constitution can be amended, it is important to note that state constitutions can also be amended, and these amendments do not require governor signatures to be referred to the ballot. This is true for states like Alabama, Alaska, and Arizona. For example, in Alabama, a 60% vote is required from both chambers of the state legislature to place an amendment on the ballot. However, no governor's signature is needed for this referral. Similarly, in Alaska, a two-thirds vote in each legislative chamber is sufficient to refer an amendment to the ballot without the governor's signature. Arizona also has a similar process, where a simple majority in each chamber is sufficient to send a constitutional amendment question to voters.

The process of amending state constitutions varies, and states offer multiple paths for making these changes. While some states require a certain percentage of votes from both chambers of the state legislature, others have different requirements, such as citizen-initiated processes. In the case of citizen-initiated amendments, citizens propose a constitutional amendment and collect signatures to get it on the ballot. This process bypasses the need for the governor's signature and allows for direct citizen involvement in the amendment process.

It is worth noting that while governors may not have a direct role in referring amendments to the ballot, they can still impact the process in other ways. For example, governors can influence public opinion and lobby for or against specific amendments. Additionally, in some states, governors may have veto power over certain types of legislation, which could include amendments. Overall, while governors may not have a signature requirement in the amendment referral process, they can still exert influence through other means.

Explore related products

American Constitutional Law: Introductory Essays and Selected Cases

$140

The Liberty Amendments: Restoring the American Republic

$16.7 $26.99

A Companion to the United States Constitution and Its Amendments

$34.65 $45

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

$16.69 $17.95

The Founders' Second Amendment: Origins of the Right to Bear Arms

$21.74 $28.95

Governors can propose amendments to their state legislatures

The authority to amend the US Constitution is derived from Article V of the Constitution. While the President of the United States has no role in the constitutional amendment process, the role of state governors is less clear.

The scope of gubernatorial power varies from state to state, and governors are often ranked according to the number and extent of their powers. In most states, a bill will become law unless vetoed by the governor within a specified time frame. Governors can also use other types of vetoes, such as "line-item", "reduction", and "amendatory".

In some states, such as Arizona and Arkansas, amendments do not require the governor's signature to be referred to the ballot. Instead, they can be placed on the ballot through a citizen-initiated process or a legislative process. For example, in Arizona, a simple majority vote is required for the state legislature to place a constitutional amendment on the ballot. In California, two-thirds of the membership of each chamber of the state legislature must propose an amendment, which then goes on a statewide ballot for ratification or rejection by the state's voters.

Governors can take emergency actions and issue executive orders

Governors have a wide range of roles and responsibilities, and the scope of their power varies from state to state, including the power to issue executive orders and take emergency actions. This power is a significant gubernatorial responsibility that is subject to the state constitution and laws. Governors can use executive orders to trigger emergency powers and response actions during natural disasters, weather events, energy crises, public health emergencies, mass casualty events, and other situations requiring immediate attention. They can also use these orders to create advisory, coordinating, study, or investigative committees, as well as to address executive branch management and administrative issues.

The process of issuing an executive order can vary depending on the state. In some states, executive orders are subject to legislative review, while in others, they are not required to undergo any administrative procedure. Governors may also have the authority to declare a state of emergency or disaster, which provides them with additional powers to enhance capabilities, coordination, and collaboration across state and local agencies. They can also reallocate state and federal funds to address the emergency more effectively.

During an emergency, governors also play a crucial role in communicating with the public, providing advice and instructions, and maintaining calm and public order. The power to issue executive orders and take emergency actions allows governors to act quickly and effectively in response to changing circumstances and ensure their state is adequately prepared for any type of emergency or disaster. However, it is important to note that governors do not have the authority to amend the Constitution unilaterally. Any amendments to the Constitution must go through a formal process, which involves Congress and the state legislatures, as outlined in Article V of the Constitution.

While governors may not have a direct role in amending the Constitution, they can still influence the process by working with their state legislatures and Congress to propose and ratify amendments. Governors formally submit proposed amendments to their state legislatures or call for a convention, depending on Congress's specifications. Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. This process ensures that any changes to the Constitution are made through a democratic and collaborative effort, involving both state and federal authorities.

Frequently asked questions