Problems in American Democracy

by Thames Williamson

CHAPTER XLVI

THE STATE EXECUTIVE

A. THE GOVERNOR

583. THE ELECTION OF THE GOVERNOR.—In every state in the Union the Governor is elected by popular vote. In most of the states this election takes place, together with that of other state officials, on the Tuesday following the first Monday in November. Usually a gubernatorial candidate is required to be at least thirty years of age. He must be a United States citizen, and also a resident of his state of at least five years' standing.

The Governor's term varies from two years in Massachusetts to four years in more than twenty states. In general, the term of office is increasing. The average salary received by a state Governor is $5000 a year.

584. LIMITATIONS UPON THE GOVERNOR.—A number of factors operate to limit the power of the state Governor.

The Federal Constitution limits his authority by declaring that persons charged with crime in, and escaped from, a neighboring state, must be delivered up to the executive authorities of the state in which the crime is charged to have been committed.

The executive power of state government is not concentrated under the Governor, but is shared by the Governor with a host of administrative officials. Many of these officials are elected directly by the people, and cannot, therefore, be held accountable by the Governor. Furthermore, the actual execution of the state laws rests primarily with municipal and other local officials, and over these officers the Governor has little or no control. The express powers of the President of the United States have been rather liberally interpreted by the courts, but the powers of the state Governor have generally been construed in a narrow and literal sense. In many states the power of the Governor rarely or never extends beyond the express limits imposed by the state constitution.

585. EXECUTIVE POWERS OF THE GOVERNOR.—The Governor is charged by the state constitution to see that the laws are faithfully executed. This is similar to the chief duty of the President of the United States, but whereas the President is aided by subordinate administrative officials over whom he has complete control, the Governor must act through a large number of state and local officials over whom he has little effective control.

Of some value, however, is the power of the Governor to exercise general supervision over the various executive officers of the state. He enjoys, in addition, the power to appoint many of the subordinate administrative officials. Usually these appointments must be confirmed by the upper house of the state legislature. In most cases the Governor cannot remove officials so appointed without the consent of the senate or council.

The Governor is commander-in-chief of the armed forces of the state, and when the regular officers of the law are unable to cope with domestic violence, he is empowered to call out the militia. In this connection, the Governor has the power of suspending the writ of habeas corpus, though most states declare that this writ may not be suspended except in times of rebellion and invasion. Two or three states have recently provided that the writ of habeas corpus may not be suspended in any case whatsoever.

586. LEGISLATIVE POWERS OF THE GOVERNOR.—In general the Governor occupies the same relation to the state legislature, as does the President toward Congress. Thus the Governor may send periodic messages to the legislature, and may recommend such legislative measures as he believes desirable. The Governor often communicates with the legislature concerning the financial condition and needs of the state. The Governor may also call special sessions of the state legislature, for the consideration of urgent matters. In case the two houses of the legislature are unable to agree upon a time for adjournment, the Governor may adjourn the state legislature.

In one respect the Governor's power of veto exceeds that of the President, for in about two thirds of the states the Governor may veto individual items in appropriation bills. This privilege is denied the President, who must accept or reject a measure as a whole. Like the President, the Governor influences legislation through his relations with the leaders of his party in the legislature, as well as through his power of the patronage.

587. JUDICIAL POWERS OF THE GOVERNOR.—In almost every state the Governor has considerable control over the issuance of pardons and reprieves, in the case of all offenses committed against the state. In some states the power to issue pardons and reprieves is exercised with the consent of the state legislature, in other states the Governor shares this power with a board of pardons; in a few states the Governor may act alone.

588. TENDENCY OF THE GOVERNOR'S POWER TO INCREASE.—The earlier state constitutions tended to restrict the powers of the Governor, and to extend liberal grants of power to the state legislature. Of recent years the abuse of legislative power has tended to encourage suspicion of the legislature and a growing confidence in the Governor. As a consequence, the Governor's term is in many states increasing. In the effort to shorten the ballot and concentrate responsibility for the state administration upon some one official, various states are increasing the appointive power of the Governor. In a few states the Governor now has authority to make special inquiries into the workings of the various executive departments, with a view to checking inefficient and irresponsible methods of work. In some states the Governor's share in budget-making is increasing. In the majority of states the general tendency toward a shorter ballot, the reorganization of the state administration, and other methods of reforming state government, will probably continue to enlarge the power and influence of the Governor.

B. THE STATE ADMINISTRATION

589. THE OLDER GROUP OF ADMINISTRATIVE OFFICERS.—Aside from the Governor, the administrative officers of the state fall into two groups: First, the older officers, who are relatively few, and who are almost always elective; and second, the newer officers, boards, and commissions, who are relatively numerous, and who may be either elective or appointive.

The first group comprises such officers as the Lieutenant Governor, the Secretary of State, the State Treasurer, the Auditor or Comptroller, and the Attorney-General. These older officers are usually elected at the general state election for a term varying from state to state. These officers are not under the control of the Governor, but fulfill duties prescribed by the constitution, and are responsible only to the people and to the courts. They may be, and often are, of a different political party than the Governor, and since they are not under the control of that official, they often work at cross-purposes with him. This lack of co÷rdination is in striking contrast to the harmony of action existing between the President of the United States and the heads of the Federal Executive Departments.

590. THE NEWER GROUP OF ADMINISTRATIVE OFFICERS.—As state government has increased in complexity, the older group of administrative officers has been supplemented by the addition of a large number of new officers.

These newer administrative officials are quite numerous, but their general character may be indicated by dividing them into two classes:

The first class includes individual officers, such as, for example, a superintendent of prisons, a state architect, a state historian, a commissioner of health, a food inspector, a geologist, a commissioner of corporations, a commissioner of banking, a superintendent of public works, and a state surveyor.

Besides individual officers, the newer group of administrative officials includes a large number of boards and commissions which have been created by the state legislature and endowed with large powers for the study and control of specific matters. The following boards and commissions are examples of this second class: A state civil service commission, a tax commission, a board of charities and correction, a water supply commission, a tax equalization board, a quarantine commission, a voting machine commission, a board of pharmacy, a highway commission, and a public service commission.

591. DEFECTS OF STATE ADMINISTRATION. [Footnote: For a fuller discussion of this problem, see Chapter XXXVI.]—The enlargement of the state administration by this creation of numerous individual offices, boards, and commissions indicates an attempt on the part of state governments to grapple with the problems of democracy. Nevertheless, this rapid growth of the state administration has had serious consequences. Once created, many of the newer officers have attempted to perpetuate themselves. State legislatures have been harassed by boards and commissions seeking unnecessary appropriations. Politicians without expert training or ability are often placed on boards and commissions dealing with technical matters.

Responsible and efficient state government is rendered difficult by the inability of the Governor effectively to control the few elective officials who constitute the older group of administrative officers; an even greater difficulty arises from the creation and expansion of the newer group of officers. The excessive number of individual officers, boards, and commissions makes for inefficient and irresponsible government. Some of these officials are elected by the people, others are appointed by the Governor. Their terms vary so widely that, as Professor Beard has pointed out, the appointing power never has an opportunity to make a clean sweep and introduce more efficient administrative methods. There is little or no co÷rdination between the various administrative offices, and very little centralization of responsibility.

592. THE STATE OF CIVIL SERVICE.—The spoils system has long constituted a defect, not only in the Federal government but in American state government as well. [Footnote: This problem is further discussed in Chapter XXXIV.] And as in the case of the National government, this evil has been attacked primarily through the merit system. New York state led the way in 1883 by passing a comprehensive Civil Service Act. This law provided for a commission authorized to co÷perate with the Governor in preparing rules, classifying the state civil service, and conducting the examinations for the positions to be filled. Since then, Massachusetts, Wisconsin, Colorado, New Jersey, California, Ohio, Illinois, and other states have adopted some type of civil service system.

State civil service laws are largely modelled after the national Civil Service Act of 1883. In most of the legislating states laws of this type provide for competitive examinations of a practical nature; they prohibit political and religious interrogatives; and they forbid the assessment of holders of civil service positions for political purposes. Appointment and promotion are upon the basis of merit, although as in the case of the Federal civil service, the standards for judging the character and capacity of individual officeholders have not yet been perfected.