One Chief Executive or Many?

2021 ◽  
pp. 147-182
Author(s):  
Jeffrey S. Sutton
Keyword(s):  
National Level ◽  
Chief Executive ◽  
Executive Branch ◽  
The State ◽  
United States Constitution ◽  
Executive Power ◽  
State Constitutions ◽  
Executive Authority ◽  
Attorneys General ◽  
Surface Similarity

This chapter compares the unitary executive at the federal level with the plural executive at the state level. The fifty state constitutions and the United States Constitution share a “surface similarity” in describing the authority of their chief executives: They both vest executive power in a governor or president. But in practice, there are many differences. At the national level, the US Constitution places all executive authority in one president who controls the executive-branch officers through the singular authority to choose all cabinet members. What’s called a unitary executive largely is one, given the president’s authority to hire and fire these executive branch officers. Contrast the state side. In response to the states’ colonial experiences with a monarch, many of the first state constitutions created weak executive branches. All but one of the original state constitutions also mandated that the governor work alongside an executive council. In many states, constitutional executive offices—secretary, treasurer, auditor—are often chosen by the legislature. The rise of the state attorneys general as a source of local and national power offers one illustration of the salience of the plural executive.

scholarly journals Understanding Agenda Setting in State Educational Policy: An Application of Kingdon’s Multiple Streams Model to the Formation of State Reading Policy

2010 ◽  
Vol 18 ◽  
pp. 15 ◽  
Author(s):  
Tamara Viola Young ◽  
Thomas V. Shepley ◽  
Mengli Song
Keyword(s):  
Public Schools ◽  
Agenda Setting ◽  
National Level ◽  
State Level ◽  
Executive Branch ◽  
The State ◽  
Multiple Streams ◽  
Reading Policy ◽  
Achievement Data ◽  
Multiple Streams Model

Drawing on interview data from reading policy actors in California, Michigan, and Texas, this study applied Kingdon's (1984, 1995) multiple streams model to explain how the issue of reading became prominent on the agenda of state governments during the latter half of the 1990s. A combination of factors influenced the status of a state's reading policy agenda, including feedback from parents, teachers, and business groups; student achievement data; political pressure from the state administration; regional and national interest; a pervasive belief that reading is a building block for student success; and a widespread perception that the decline in reading achievement was symbolic of the failure of public schools. In addition, governors promoted reading to high agenda prominence by influencing which issues were placed on the decision agenda (agenda setting) and which alternatives were given serious attention (alternative specification). Finally, the findings suggest that the applicability of Kingdon's national-level model to the state level may depend on both the issue being examined and the participation of the state executive branch.

IZVRŠNA VLAST U VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Đorđije Blažić ◽  
◽  
Anika Kovačević ◽  
Keyword(s):  
Political Parties ◽  
Internal State ◽  
Executive Branch ◽  
The State ◽  
Executive Power ◽  
Political Factor ◽  
Coup D'etat ◽  
Political Situation ◽  
Council Of Ministers

The author analyzes the provisions of the Vidоvdan Constitution which regulate the position and competence of the executive branch. With the Vidovdan Constitution, the Kingdom of Serbs Croats and Slovenes was proclaimed a constitutional parliamentary and hereditary monarchy in which the King has a central constitutional position and the position of an undisputed holder of executive power. The executive power is made available to the king, which is exercised by the ministers for him, with him and his subordinates. Ministers form the Council of Ministers (Government) and are at the head of certain administrative departments. Although the Constitution proclaimed parliamentarism, there was no classic parliamentary responsibility of ministers before the Assembly. The king was a political factor that enters the field of competence of other holders of power, and thus the division of power provided by the constitution "falls away". The king's power extends to the civil and military field of life of the state, to the external and internal spheres. Although the adoption of the Vidovdan Constitution aimed to create a unified system of organization and division of power, the internal state and political situation in the country, after the adoption of the Constitution, became more complicated and filled with frequent ministerial crises and conflicts of political parties. The King's domination and his frequent "going out" outside the constitutional framework resulted in increasing centralization and, in the end, a coup d'etat and the establishment of King Alexander Karadjordjevic's personal dictatorship.

scholarly journals Improvement of legal bases of the system of central bodies of executive power of Ukraine

2020 ◽  
pp. 333-340
Author(s):  
Derets Viktoria
Keyword(s):  
Public Policy ◽  
State Policy ◽  
Optimal Number ◽  
The State ◽  
Executive Power ◽  
Service Agency ◽  
Strategic Objectives ◽  
Executive Authority ◽  
The Government ◽  
Sphere Of Influence

Introduction. By this time the ministry has not yet become central bodies of executive power (CEB), whose leading function is the formation of State policy. The type chosen for another CEB does not always correspond to the features performed by this organ. It is difficult to separate the "functions in the implementation of State policy" from "some functions for implementing State Policy". The law does not define "public policy". This negatively affects the functioning of the CEB system. The aim of the article. The purpose of the article is analysis of existing problems in organization and activity of the system of the CEB and scientific substantiation of ways of their solution. Results. The term "ministry" means a kind of CEB has two main features: 1) The ministry responsible for the development of State policy; 2) The ministry is headed by a member of the government-a politician and not a government official. The main purpose of the executive power-solving body of social problems; Task – A set of measures that are derived from the main goal and subject to resolution to achieve it, specify the main purpose of the activity of the Authority; The function is activity related to obtaining a clearly defined final result which directly reflects the goal achievement and tasks of the executive authority. As for the optimal number of ministries in Ukraine, we believe that the decisive should be that all directions of the State policy are in the sphere of influence of the government, their unjustified chopping or consolidation between the ministries, as well as the chosen The number of ministries allowed to implement program of CMU. Along with the agencies, services and inspections should allocate another category of "other" CEBs, which neither in the form nor on the functional orientation do not belong to services, agencies, inspections. State policy-enshrined in the Constitution and laws of Ukraine, other acts of legislation the rules of operation and strategic objectives of the State and their due directions of activity of the State, approved by the decisions of the competent bodies of State power. Conclusions. The basis for the reform of the existing system of COIS proposed to put a division of functions in the formation of State policy and functions for the implementation of State policy. The CMU should provide for the formation and implementation of State policy. Ministry – to form State policy and ensure its implementation. Other CEBs – implement State policy. The legislation should define the meaning of the term "public policy". The tasks and functions of ministries shall be clearly defined. The type of each other CEB (service, Agency, inspection) shall comply with the legally fixed features for it.

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.

The Executive Power

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Prime Minister ◽  
Chief Executive ◽  
Executive Branch ◽  
Executive Power ◽  
Presidential Power ◽  
Regulatory State ◽  
Prime Ministers ◽  
Parliamentary Systems ◽  
The Will

This chapter examines the self-perpetuation of the executive branch. Since constitutions usually concentrate on the position and powers of the chief executive, they feed the mistaken impression that the executive branch is synonymous with the will of a single president or prime minister. In reality, executive power in a modern regulatory state is not a one-man show. The chapter provides an overview of where the executive branch comes from before discussing the origins and scope of presidential power. It then considers the role of cabinets, councils, and prime ministers in parliamentary systems, along with the confidence mechanism that serves as the lifeline between the legislature and the executive (cabinet). It also explores the responsibility and accountability of the executive branch, and considers measures aimed at limiting the powers of the executive within the constitutional framework.

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:

Constitutional Limitations on Reëligibility of National and State Chief Executives

1952 ◽  
Vol 46 (2) ◽  
pp. 438-454 ◽  
Author(s):  
Joseph E. Kallenbach
Keyword(s):  
United States ◽  
Chief Executive ◽  
The United States ◽  
United States Constitution ◽  
Chief Executives ◽  
State Constitutions ◽  
Second Amendment ◽  
Federal Constitution ◽  
Current Term ◽  
Executive Officers

On March 1, 1951, the Administrator of General Services certified that the proposed presidential tenure amendment submitted to the states by Congress in 1947 had been ratified by thirty-six states, thus making it a part of the United States Constitution. Adoption of this proposal, which becomes the Twenty-second Amendment to the United States Constitution, disposes of an issue that has agitated American politics periodically since the establishment of the Presidency. Hereafter no person will be eligible for a third term as President if he has served two full elective terms or one full elective term plus more than one-half of another term through succession to the office. President Truman, who would otherwise be rendered ineligible for reëlection following completion of his current term, is exempted from the ban by a qualifying clause which excludes from coverage “any person holding the office of President when this Article was proposed by the Congress.”Hostility to long continuance in office, particularly for executive officers, has been a prominent feature of American political thinking since Revolutionary times. Seven of the original state constitutions, all of which were formulated prior to adoption of the federal Constitution, carried clauses limiting reeligibility of the state chief executive.

Executive Department

2020 ◽  
pp. 105-122
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Attorney General ◽  
The State ◽  
Oklahoma City ◽  
Executive Power ◽  
General State ◽  
Five Civilized Tribes ◽  
Executive Authority ◽  
Set Up ◽  
Executive Officers ◽  
Public Instruction

This chapter addresses Article VI of the Oklahoma constitution, which concerns the executive department. Section 1 provides that “the Executive authority of the state shall be vested in a Governor, Lieutenant Governor, Secretary of State, State Auditor and Inspector, Attorney General, State Treasurer, Superintendent of Public Instruction, Commissioner of Labor, Commissioner of Insurance, and other officers provided by law and this Constitution.” While these executive officers may hold meetings outside the state’s capital, they may not set up branch offices in any place other than Oklahoma City. Section 2 states that “the Supreme Executive power shall be vested in a Governor.” Sections 3 and 4 provides for the eligibility of an individual to certain state offices as well as the terms of office and succession, respectively. The chapter then details the provisions for the qualifications, powers, and duties of each of the executive officers. Article VI also includes the provision for the seal of the state (Section 35), which incorporates images from the Five Civilized Tribes along with the seal of Oklahoma Territory.

Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries

2018 ◽  
Vol 8 (7) ◽  
pp. 2178
Author(s):  
Galym KOZHAKHMETOV ◽  
Guldana KUANALEEVA ◽  
Saulen NURZHAN
Keyword(s):  
Executive Branch ◽  
Legal Regulation ◽  
The State ◽  
System Structure ◽  
Executive Power ◽  
Main Role ◽  
Theoretical Concepts ◽  
Foreign Countries ◽  
Depth Analysis ◽  
The Republic

This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism. In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.

Covert Intervention as a Moral Problem

1989 ◽  
Vol 3 ◽  
pp. 45-60 ◽  
Author(s):  
Charles R. Beitz
Keyword(s):  
Foreign Policy ◽  
American Foreign Policy ◽  
Executive Branch ◽  
International Community ◽  
Executive Power ◽  
Moral Problem ◽  
Crucial Issue ◽  
Covert Action ◽  
Executive Authority ◽  
Critical Morality

Today's international community may well view covert action and democracy as mutually exclusive policies. This article examines the practice of covert action in American foreign policy in light of events of the mid-1970s and 1980s, focusing on the scandalous misuse of executive authority and lack of accountability associated with covert means. Often manipulative and sometimes anonymous, covert operations raise critical morality concerns in a democratic society. Whether “any form of accountability is likely to be sufficient to bring the unauthorized use of executive power under control” is the crucial issue to be addressed when examining the practicality of covert actions by the executive branch.

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