The Diffusion of Executive Power in American State Constitutions: Tenure and Tenure Limitations

1985 ◽  
Vol 15 (4) ◽  
pp. 71 ◽  
Author(s):  
Gerald Benjamin
Keyword(s):  
Executive Power ◽  
State Constitutions ◽  
American State

Executive Clemency in the United States

2018 ◽  
Author(s):  
Margaret Colgate Love
Keyword(s):  
United States ◽  
The United States ◽  
Executive Power ◽  
Criminal Prosecution ◽  
The Public ◽  
State Constitutions ◽  
Democratic Reform ◽  
Political Risks ◽  
Policy Goals ◽  
Executive Clemency

Executive clemency has a rich history in the United States, both as an agent of justice and as a tool of politics. A presidential power to pardon was included in Article II of the Constitution, and all but one of the state constitutions provides for a clemency mechanism. States have established a variety of ways to manage and sometimes limit a governor’s exercise of the constitutional pardoning power, but the president’s power has remained unlimited by law. Until quite recently, clemency played a fully operational part in both federal and state justice systems, and the pardoning power was used regularly and generously to temper the harsh results of a criminal prosecution. Presidents also used their power to calm and unify the country after a period of strife, and to further policy goals when legislative solutions fell short. But in modern times unruly clemency’s justice-enhancing role has been severely diminished, initially because reforms in the legal system made it less necessary, but later because of theoretical and practical objections to its regular use. A reluctance on the part of elected officials to take political risks, as well as clemency-related controversies, have further eroded clemency’s legitimacy. As a result, in most U.S. jurisdictions clemency now plays a limited role, and the public regards its exercise with suspicion. There are only about a dozen states in which clemency operates as an integral part of the justice system, in large part because its exercise is protected from political pressures by constitutional design. At the same time, the need for an effective clemency mechanism has never been greater, particularly in the federal system, because of lengthy mandatory prison sentences and the lifelong collateral civil consequences of conviction. It appears unlikely that an unregulated and unrestrained executive power will ever be restored to its former justice-enhancing role, so that those concerned about fairness and proportionality in criminal punishments must engage in the more demanding work of democratic reform.

scholarly journals Growth of American State Constitutions from 1776 to the End of the Year 1914.

1916 ◽  
Vol 31 (1) ◽  
pp. 146
Author(s):  
Alfred Z. Reed ◽  
James Quayle Dealey
Keyword(s):  
State Constitutions ◽  
American State

Evolution of the Procedure for Empowering the Governors in the States of the USA

2020 ◽  
pp. 37-41
Keyword(s):  
United States ◽  
United States Of America ◽  
Legal Status ◽  
The United States ◽  
The State ◽  
Executive Power ◽  
State Constitutions ◽  
Depth Study ◽  
The Usa

The article discusses the development of the procedure for empowering the governors of the states of the United States of America. The models of empowerment of governors, requirements for candidates for governor positions, the terms of the latter’s exercise of power both now and in retrospective are examined. The provisions of the constitutions of the states of the United States of America, fixing the requirements for candidates for the positions of governors of the states, are not always identical. Despite the existing differences established by the state constitutions regarding the requirements for candidates for governor positions and the terms for exercising the powers by governors, the procedure for electing state governors is the same. The increase in the term for exercising the powers by governors is due to an increase in the role and importance of governors as officials in charge of state executive power. Particular attention is paid to the study of requirements for candidates for governors. In addition to age qualifications and qualifications for citizenship, residency qualifications in the state where the candidate is running for governor are of prime importance. An in-depth study allows to track trends related to both the development of the procedure for vesting powers with governors and the change in the constitutional and legal status of governors as a whole. A key advantage of the constitutions of some states is the limitation of the duration of the state governors in their posts, thereby ensuring the effectiveness of the activities of the governors and executive power of the states.

State Constitution Revision: An Exercise in Federalism and Sovereignty

1988 ◽  
Vol 1 (4) ◽  
pp. 9-10
Author(s):  
J. A. Myers
Keyword(s):  
Local Government ◽  
The State ◽  
Executive Power ◽  
National State ◽  
State Constitutions ◽  
State Constitution ◽  
Legislative Oversight ◽  
State And Local Government ◽  
State And Local ◽  
As If

Experience with the concepts of federalism and sovereignty is usually limited to readings and lectures, especially in a class of undergraduates. Since these two concepts are the foundation of American governmental structure on all levels, I want to ensure that the students grasp them. I feel that students have a better grasp of information and its application when they can actually use the information themselves. I have developed the following exercise to explore federalism and sovereignty issues: posing a question concerning a state's revision of its constitution to the students as if they were on the state's constitution revision commission. The lively debates and discussions that ensue cover not only the main issues of sovereignty and federalism but encompass the use (and misuse) of executive power, legislative oversight, and commissions—all concepts that are critical to the study of American national, state and local government.Towards the end of a class focusing on constitutions (and after a class covering the basics of federalism), the stage is set by talking about state constitution revisions and the trend toward simpler “plain English” state constitutions. (Note: This can be adapted for county/city/town charter revisions also.) The class is told that the instructor is the governor of the State of Confusion, and they have been gathered to form the State of Confusion's Constitution Revision Commission. The first section the commission will address at the next meeting is the following:

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