Problems in American Democracy Part 87

(Beard, page 449.) 8. Describe the procedure in a const.i.tutional convention. (Munro, pages 410-411.) 9. What is the relation of the state const.i.tution to the state courts? (Beard, pages 452-453.) 10.

Enumerate the principles which commonly govern the att.i.tude of the state courts toward the acts of the state legislature. (Beard, pages 452-453.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. The history of your present state const.i.tution.

2. The bill of rights in your state const.i.tution.

3. The framework of government as provided for in the const.i.tution of your state.

4. Methods by means of which your state const.i.tution may he amended.

5. Cla.s.sify and briefly characterize the amendments which have been appended to the const.i.tution of your state.

II

6. Meaning of the term "const.i.tution." (Gettell, _Readings in Political Science_, pages 282-283.)

7. Types of const.i.tutions. (Gettell, _Readings in Political Science_, pages 284-285; Kimball, _State and Munic.i.p.al Government in the United States_, chapter ii.)

8. Methods of amending const.i.tutions. (Gettell, _Readings in Political Science_, pages 299-300.)

9. Difficulties of const.i.tutional amendment in the United States.

(Gettell, _Readings in Political Science_, page 301.)

10. Procedure in the state const.i.tutional convention. (Ma.s.sachusetts Const.i.tutional Convention Bulletins, No. i. h.o.a.r, _Const.i.tutional Conventions._)

11. Recent changes in const.i.tutions. (Dealey, _Growth of American State Const.i.tutions from 1776 to the end of the Year 1914._)

12. Present tendencies in state const.i.tutions. (Reinsch, _Readings on American State Government_, pages 443-449.)

13. The const.i.tution of Oklahoma. (Reinsch, _Readings on American State Government_, pages 450-464.)

14. A comparison of const.i.tutional amendment in Europe and const.i.tutional amendment in the United States. (Borgeaud, _Adoption and Amendment of Const.i.tutions in Europe and America_.)

15. British const.i.tutions. (Gettell, _Readings in Political Science,_ pages 286-287; 292-293.)

16. French const.i.tutions. (Gettell, _Readings in Political Science,_ pages 297-298.)

17. German const.i.tutions. (Gettell, _Readings in Political Science,_ pages 298-299.)

FOR CLa.s.sROOM DISCUSSION

18. Does the Federal Const.i.tution too narrowly restrict the activities of the state governments?

19. Does the bill of rights in your state const.i.tution adequately protect your rights?

20. Does the const.i.tution of your state too narrowly restrict the financial powers of the state legislature?

21. Is your state const.i.tution too easy of amendment? Is it too difficult of amendment?

22. Recent state const.i.tutions tend to be very long and detailed. What are the advantages and disadvantages of this development?

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 Ma.s.sachusetts 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 Const.i.tution 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 munic.i.p.al 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 const.i.tution.

585. EXECUTIVE POWERS OF THE GOVERNOR.--The Governor is charged by the state const.i.tution 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 const.i.tutions 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.