Simone Lawson
The constitutional power of a governor varies from state to state in the United States. Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They are also responsible for ensuring that laws are faithfully executed by people and organizations within their states. While governors have significant powers, including serving as the ceremonial head of state, executive, legislative, judicial, and military powers, their authority is limited by state constitutions, legislation, and tradition. Governors' powers may include declaring states of emergencies, issuing executive orders, and taking emergency actions, but these powers are not unlimited and are subject to legal challenges and checks and balances.
| Characteristics | Values |
|---|---|
| Scope of power | Varies from state to state in accordance with state constitutions, legislation, and tradition |
| Minimum age requirement | Ranges from no formal provision to age 35 |
| Citizenship requirement | Ranges from no formal provision to 20 years |
| Residency requirement | Varies among states, commonwealths, and territories |
| Power to declare a state of emergency | Varies among states; in 41 states, the governor can declare an emergency without the consent of the legislature |
| Power to issue executive orders | Varies among states; in 38 states, executive orders are not subject to the same administrative process as state statutes |
| Power to grant clemency | Terminology, procedure, and structure vary among states |
| Power to appoint officials | Varies among states; in 47 of the 50 states, the governor can appoint someone to fill a vacant US Senate seat |
| Power to commute or pardon a criminal sentence | Varies among states and territories |
| Power to dissolve legislatures | Limited |
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What You'll Learn
Powers vary between states
The constitutional power of a governor is limited by the federal system of government in the United States, which comprises a central government in Washington, D.C., and multiple sub-national governments in the fifty states. While both the national government and the states have the power to make laws, the states hold most of the power in the American system.
The powers of a governor vary between states due to differences in state constitutions, legislation, and traditions. Governors are responsible for implementing state laws and overseeing the operation of the state's executive branch, and they often have significant control over government budgeting and the appointment of officials, including judges. In many states, the governor also has the power to pardon or commute criminal sentences.
One notable power that varies between states is the ability to declare a state of emergency. In 41 states, the governor can declare an emergency without the consent of the legislature, while in other states, such as Georgia and Oklahoma, legislative approval is required. Governors can also issue executive orders during emergencies, which carry the weight of law and allow them to temporarily assume legislative powers. However, legislative bodies can nullify emergency proclamations, and some states require legislative reviews of specific executive orders.
The scope of gubernatorial power also varies in other areas, such as the authority to dissolve legislatures, grant clemency, and perform ceremonial roles. For example, the governor of North Carolina had no veto power until a 1996 referendum. Governors may also have unique powers and responsibilities based on their state's specific needs and priorities.
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Emergency declarations
However, there are limits to a governor's power in emergency declarations. For example, in the context of the COVID-19 pandemic, governors across the United States exerted their authority in unprecedented ways, leading lawmakers to seek to curtail their powers. In Kentucky, Republicans passed legislation limiting the governor's emergency executive powers, overriding the governor's veto and taking the issue to court. Similar measures were proposed and passed in other states, including Maine, California, Oregon, and Florida.
The courts have also played a role in limiting governors' powers during emergencies. For instance, the Wisconsin Supreme Court struck down Governor Tony Evers' ability to impose a statewide mask mandate, ruling that he had exceeded his authority by extending the mandate without approval from the state legislature.
In addition, emergency declarations have been a source of tension between different levels of government. For example, in Nigeria, the President used a political solution of 'suspension' to discipline a governor for misconduct, a measure not recognized by the Constitution. This raised questions about the constitutional powers of the President and the disciplinary process for governors.
Some commentators have expressed concern about the increasing use of emergency declarations and the impact on individual liberties. They argue that governments at both the state and federal levels have increasingly adopted a "crisis constitution" or "emergency mindset," expanding their powers and setting precedents that erode constitutionally guaranteed rights.
Overall, while emergency declarations grant governors special authorities to respond to crises, these powers are not unlimited and are subject to legal and political checks and balances.
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Limits on executive orders
The constitutional power of a governor is limited by a variety of factors, including state constitutions, legislation, and tradition. The scope of gubernatorial power varies from state to state, and governors are often ranked based on the number and extent of their powers. While governors have many roles and responsibilities, the specific powers they hold differ across states.
Executive orders are a significant gubernatorial responsibility, and they can be used to implement emergency management and contingency plans. However, there are limits to a governor's ability to issue executive orders. In the United States, the power of governors is limited by the federal system of government, which divides power between the central government in Washington, D.C., and the individual state governments. This federalism reflects the intention of the Founding Fathers to create a government with sufficient power to govern effectively while preventing it from infringing on the rights of the people.
The historical American aversion to executive power has also influenced the limitations on governors' authority. Early state constitutions, like the national constitution, tended to limit the power of executives, often creating plural executives or committees to carry out state law, with the governor as the committee chair. This distrust of centralized authority and powerful executives stems from the colonial experience, where both the king and colonial governors were seen as standing in the way of proper representation.
Today, while governors have gained more formal powers through statutory and constitutional changes, there are still checks and balances in place to limit their authority. For example, in the case of declaring states of emergency, while many states allow the governor to do so without legislative consent, there are still mechanisms for legislative oversight. In at least seven states, any extension of emergency declarations must be approved by the legislature, and in some states, legislative approval is required for any emergency declaration. Additionally, all state legislatures can nullify an emergency proclamation by a simple majority vote in both chambers.
Furthermore, only six state constitutions mandate that lawmakers review all governors' executive orders, while in 19 states, lawmakers have no constitutional role in approving, limiting, or overturning executive orders. In some states, specific types of executive orders, such as those creating an agency with financial implications, require legislative review. Governors' executive orders can also be challenged on constitutional grounds, as seen in lawsuits filed in several states. These legal challenges and legislative revisions aim to balance the powers of the governor and the legislature during emergency situations.
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Checks and balances
The constitutional power of a governor is limited by checks and balances. In the United States, a governor serves as the chief executive and commander-in-chief of each state and its territories. They function as the head of state and government, and their powers are limited by the state and national constitutions.
The US government is a federal system, with a central government in Washington, D.C., and multiple sub-national governments in the 50 states. Both the national government and the states have the power to make laws. The US Constitution was written to limit the power of the central government, with most power given to Congress. State governments have their own constitutions, and the scope of gubernatorial power varies from state to state.
The office of governor typically grants its occupant limited power, with state constitutions creating an executive of restricted authority. Governors' powers include the ability to declare states of emergency, issue executive orders, and take emergency actions, but these powers vary by state. For example, some states require legislative approval for emergency declarations, while others do not.
The governor's role includes ceremonial duties, such as greeting dignitaries and issuing proclamations, as well as legislative and judicial duties, such as proposing and signing laws, and granting pardons or commutations. They may also have control over government budgeting and the appointment of officials, including judges. In some states, the governor acts as commander-in-chief of the state's National Guard.
While governors have significant powers, these are balanced by limitations. All state legislatures can nullify an emergency proclamation, and some states mandate legislative reviews of executive orders. Governors' emergency powers have been challenged in court, and lawmakers are considering revisions to emergency statutes. The governor's cabinet may also provide a check on their power, as cabinet members are often appointed by the governor and can advise and assist them.
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Historical context
The constitutional power of the governor in the United States is limited by the country's federal system of government, which comprises a central government in Washington, D.C., and multiple sub-national governments in the fifty states. Both the national government and the states have the power to make laws.
The US Constitution, written in 1787, was designed to create a government with sufficient power to run the country effectively, while also ensuring that this power would never infringe on the rights of the people. This was due to a historical aversion to executive power, stemming from the overwhelming authority of colonial governors appointed by the king, which often stood in the way of proper representation. As a result, the US Constitution vested limited power in the office of the president, with most power residing in Congress and the states.
Early state governments resembled those under the Articles of Confederation, with many states adopting plural executives that functioned as committees for carrying out state laws, chaired by the governor. States that designated a single executive typically granted them minimal power. Over time, states began to grant their governors more formal powers, with all states making statutory or constitutional changes to increase gubernatorial authority since 1985.
Today, the scope of gubernatorial power varies from state to state, with governors being ranked according to the number and extent of their powers. While some governors have considerable control over government budgeting, appointments, and legislation, others have more limited authority. Checks and balances are in place to ensure that the power of the governor is balanced by other branches of government.
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Frequently asked questions
The constitutional power of the governor is limited by the state and federal constitutions, legislation, and tradition. The US government is a federal system, with a central government in Washington, D.C., and multiple sub-national governments in the fifty states. Each state has its own constitution, and the governor's powers vary from state to state.
The governor's constitutional power is limited in several ways, including age, citizenship, and state residency requirements. For example, the minimum age requirement for governors ranges from no formal provision to 35 years old. Additionally, the governor's power to declare a state of emergency may be limited by the legislature, as seen in states like Georgia and Oklahoma.
The governor's power is balanced by the legislative, judicial, and executive branches of the state government. The legislature can nullify an emergency proclamation by a simple majority vote, and in some states, the legislature must approve any extension of emergency declarations. The judicial branch also plays a role in limiting the governor's power, as seen in the June ruling by Sutter County Superior Court Judge Perry Parker, which blocked the governor from requiring in-person balloting stations.
The governor's power varies depending on the state and the specific position. In general, the governor heads the executive branch of the state government and may have control over budgeting, appointment of officials, and a role in legislation. However, other statewide elected positions may also have similar requirements and limitations, such as age, citizenship, and term limits.
