The State Governor II

Authors

John A. Fairlie, University of Illinois

Abstract

The power of the governor over the executive administration includes on the one hand his general control over the whole administration, and on the other hand the special authority conferred in certain particular branches of administration. His general authority is based on his control over the personnel of the administration, by means of his powers of appointment and removal; and by his power to see that the laws are executed, and more specific authority to direct and control the actions of subordinate officials. His special administrative powers include those in relation to military affairs and the external affairs of the State. Madison considered that the powers of appointment and removal were in their nature executive, and as such vested in the chief executive unless otherwise specifically provided in the constitution, as in the case of the advice and consent of the Senate to nominations by the President. This view has been in the main followed in the national government. But in the State constitutions there is little recognition of the governor's powers of appointment and removal; and the State courts have held that these powers are not inherently and exclusively executive functions. In order to exercise such powers they must be expressly granted in the State constitution or by statute.

Recommended Citation

John A. Fairlie, The State Governor II, 10 Mich. L. Rev. 458 (1912).
Available at: https://repository.law.umich.edu/mlr/vol10/iss6/3