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Title: Do state Governors play any role in the constitutional amendment process? Post by: America Needs a 13-6 Progressive SCOTUS on March 14, 2019, 09:29:17 AM When it comes to the topic of an amendment being ratified by 3/4 of the states?
Title: Re: Do state Governors play any role in the constitutional amendment process? Post by: Del Tachi on April 03, 2019, 12:30:21 PM Possibly. They could, for instance, call a special session of their state's legislature to consider an amendment; however, I don't see a constitutional role for them outside of that.
Title: Re: Do state Governors play any role in the constitutional amendment process? Post by: President Johnson on April 03, 2019, 03:41:12 PM I actually thought they can veto this just as any legislation (with the legislature being able to override the veto).
Title: Re: Do state Governors play any role in the constitutional amendment process? Post by: brucejoel99 on April 03, 2019, 06:21:28 PM I actually thought they can veto this just as any legislation (with the legislature being able to override the veto). I mean, governors have symbolically "approved" state legislative resolutions to ratify constitutional amendments, so I suppose they could just as symbolically "veto" such a resolution if they so choose; however, gubernatorial action isn't required by Article V, as it requires ratification only by state legislatures (or state conventions). Title: Re: Do state Governors play any role in the constitutional amendment process? Post by: True Federalist (진정한 연방 주의자) on April 03, 2019, 09:05:23 PM While it's a firm tradition now to have a strong separation of powers in the U.S., there's nothing in the Federal Constitution that requires it of the States. Indeed, at the time that the Constitution was adopted, there were states that had the executive be part of the upper legislative house and/or had their upper house possessing some judicial powers.
Title: Re: Do state Governors play any role in the constitutional amendment process? Post by: America Needs a 13-6 Progressive SCOTUS on April 09, 2019, 03:49:06 PM While it's a firm tradition now to have a strong separation of powers in the U.S., there's nothing in the Federal Constitution that requires it of the States. Indeed, at the time that the Constitution was adopted, there were states that had the executive be part of the upper legislative house and/or had their upper house possessing some judicial powers. Which states? Title: Re: Do state Governors play any role in the constitutional amendment process? Post by: True Federalist (진정한 연방 주의자) on April 09, 2019, 11:07:16 PM While it's a firm tradition now to have a strong separation of powers in the U.S., there's nothing in the Federal Constitution that requires it of the States. Indeed, at the time that the Constitution was adopted, there were states that had the executive be part of the upper legislative house and/or had their upper house possessing some judicial powers. Which states? I'm not going to do an exhaustive list, but New Jersey's had both features. The Governor was a voting member of the upper house (called the Legislative Council) which had one member from each of the thirteen counties plus the governor. Quote from: 1776 NJ Constitution VII. That the Council and Assembly jointly, at their first meeting after each annual election, shall, by a majority of votes, elect some fit person within the Colony, to be Governor for one year, who shall be constant President of the Council, and have a casting vote in their proceedings; and that the Council themselves shall choose a Vice-President who shall act as such in the absence of the Governor. The Legislative Council also served as the New Jersey supreme court for cases in law, but not in equity.Quote IX. That the Governor and Council, (seven whereof shall be a quorum) be the Court of Appeals, in the last resort, in all clauses of law, as heretofore; and that they possess the power of granting pardons to criminals, after condemnation, in all cases of treason, felony, or other offences. New Jersey kept their 1776 constitution until 1844. |