does governor tell state attorney general what to do, order him

Can governors tell their attorneys general what to do?

The positions of secretary of state, attorney general, and treasurer are all subject to statewide popular election in the majority of states, and at least one of the three is elected in most of the remaining states. Governors generally have limited authority in the appointment of state comptrollers and pre and post audit department heads.

Can the governor direct the Attorney General to prosecute a case?

Jun 11, 1991 · An executive order may be a general policy statement made by the Governor. The order does not have the force and effect of law. The purpose of such an order is to persuade or encourage persons, both within and without government, to accomplish the Governor's policy set out in the order. 2.Directives. An executive order many be a directive from the Governor to …

What are the officials designated to succeed the Governor?

constitutions interpreting the proper roles of the attorney general and governor with respect to litigation on behalf of the state. Finally, this comment will outline the policy considerations which support the con-clusion that the attorney general is the …

Can a governor issue executive orders?

Jun 06, 2017 · State governors and attorneys general typically find themselves on the same side of the law. Nonetheless, an overwhelming majority of states directly elect their attorneys general. This framework creates a natural opportunity for conflicts to erupt, particularly when officials act to protect what they perceive to be equally legitimate interests. One such drama is playing out …

Who's the boss of the Attorney General?

Attorney General Rob Bonta | State of California - Department of Justice - Office of the Attorney General.

What are the powers of the governor of a state?

Executive powers related to administration, appointments and removals, Legislative powers related to lawmaking and the state legislature, that is State Legislative Assembly (Vidhan Sabha) or State Legislative Council (Vidhan Parishad), Discretionary powers to be carried out according to the discretion of the governor.

Who does the attorney general of New York report to?

Governor of New YorkThe Attorney General acts independently of the Governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

What are the governor's legislative powers?

All 50 state governors have the power to veto whole legislative measures. In a large majority of states a bill will become law unless it is vetoed by the governor within a specified number of days, which vary among states.

What is the constitutional position of governor?

The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution of India (Article 154). The Governor of a State shall be appointed by the President by warrant under his hand and seal (Article 155).

Can a governor be governor for of two states?

-Article 153 provides that there shall be a Governor for each State. Since it may be desirable in certain circumstances to appoint a Governor for two or more States, it is proposed to add a proviso to this article to remove any possible technical bar to such an appointment.

How do I file a complaint with the NYS Attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

What are the duties and responsibilities of the attorney general of New York state?

In fulfilling the duties of the State's chief legal counsel, the Attorney General not only advises the Executive branch of State government, but also defends actions and proceedings on behalf of the State. The Attorney General serves all New Yorkers in numerous matters affecting their daily lives.

What are the duties and responsibilities of the attorney general of the United States?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021

What are governor term limits?

The governor holds the office for four years and can choose to run for reelection. The Governor is not eligible to serve more than eight years in any twelve-year period.

Who can declare laws unconstitutional?

the judicial branchYou Be The Supreme Court! As a member of the Supreme Court, or the highest court in the judicial branch, you have the power to: Declare laws unconstitutional; and. Interpret/Make meaning of laws.

Do all states have governor term limits?

Each state's gubernatorial term limits are prescribed by its state constitution, with the exception of Wyoming, whose limits are found in its statutes.

What authority does a governor have to issue executive orders?

The authority for governors to issue executive orders is found in state constitutions and statutes as well as case law , or is implied by the powers assigned to state chief executives. Governors use executive orders—certain of which are subject to legislative review in some states—for a variety of purposes, among them to:

What is the role of a governor in the state legislature?

Governors play two broad roles in relation to state legislatures. First, they may be empowered to call special legislative sessions, provided in most cases that the purpose and agenda for the sessions are set in advance .

What is the process of confirmation of executive branch appointments?

While often pro forma in nature, the confirmation process with respect to executive branch appointments can be used by legislatures to expand their influence on governors and their policies.

Why do governors create sub-cabinets?

In a number of states, governors have created sub-cabinets to bring together agencies to address issues such as the needs of children. Forty-four states and all of the commonwealths and territories have cabinets and/or sub-cabinets.

How many governors have the power to veto a bill?

Veto Power. All 50 state governors have the power to veto whole legislative measures. In a large majority of states a bill will become law unless it is vetoed by the governor within a specified number of days, which vary among states.

How long is a gubernatorial term?

Gubernatorial terms are four years in every state, commonwealth, and territory but New Hampshire and Vermont, which have two year terms. All governors with the exception of Virginia’s may succeed themselves, although they may be limited to a specific number of consecutive or total terms.

Why do governors interact with their legislatures?

Governors interact with their legislatures to help ensure that their priorities, goals, and accomplishments are accurately presented and positively received during oversight hearings and other legislative activities that address and evaluate executive branch implementation of legislatively mandated programs and services.

What is the ultimate authority of executive orders?

However, the ultimate authority is a delegation of power by the Legislature to the Governor in a statute. As the court said in Cougar Business Owners Ass'n v.

Which case viewed the source of authority more broadly than was done in Young v. State?

1/ Young v. State was distinguished but cited with approval in State ex rel. Hartley v. Clausen, 150 Wash. 20, 25, 272 Pac. 22 (1928), which viewed the source of authority more broadly than was done in Young, but both cases recognize a need to find a source of authority.

What is the RCW 43.06.220?

Second, in absence of a statute authorizing the Governor to act ( e.g., RCW 43.06.220), the Governor cannot create obligations, responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order.

What is the meaning of "in absence of a statute or constitutional provision that serves as a source of authority author

In absence of a statute or constitutional provision that serves as a source of authority authorizing the Governor to act, the Governor cannot create obligations , responsibilities , conditions or processes having the force and effect of law by the issuance of an executive order. - - - - - - - - - - - - -. June 11, 1991.

What is the issue in University of Rhode Island 375 A.2d 925?

University of Rhode Island, 375 A.2d 925, the issue was whether Rhode Island's governor could, by executive order, override a directive of the legislature. The court concluded: The governor lacked authority to act with respect to that subject (of his executive order).

What is the separation of powers doctrine?

Under the separation of powers doctrine, only the Legislature may undertake to perform legislative acts. Such power is not vested by the Constitution in the executive who, therefore, cannot act in a legislative manner without an appropriate delegation of authority from the Legislature.

When was Executive Order 90-04 issued?

In particular, you have directed our attention to Executive Order 90-04. This order was issued by Governor Gardner on April 21, 1990, and it relates to the protection of wetlands.

Why is the Maine governor suing the attorney general?

In Maine, the state’s governor is suing its attorney general for refusing to represent him in federal lawsuits. In Louisiana, the state attorney general has sued the governor over a four-million-dollar funding dispute.

Why did Governor Raimondo ask for the 38 Studios?

Governor Raimondo—along with other Rhode Island political leaders—nevertheless asked the court to order the release of the 38 Studios materials based on the “profound and sustained public interest in [the deal’s] underlying circumstances and consequences.”. This request was not unprecedented.

What happened to Rhode Island when it filed for bankruptcy?

When the company subsequently filed for bankruptcy, Rhode Island taxpayers were left to cover its debt. Controversy has ensued ever since. It is a bedrock principle of the grand jury process that investigations are conducted in secret.

Do state governors and attorneys general clash?

When State Governors and Attorneys General Clash. State governors and attorneys general typically find themselves on the same side of the law. Nonetheless, an overwhelming majority of states directly elect their attorneys general. This framework creates a natural opportunity for conflicts to erupt, particularly when officials act to protect ...

Did the Governor's petition satisfy the grand jury?

The Court held that the Governor’s petition did not satisfy any of the exceptions governing the release of grand jury materials provided by Rhode Island law.

Will the governor appeal the Rhode Island case?

The Governor has not stated whether she will appeal the decision. The Rhode Island General Assembly is in any event poised to consider legislation that would deem any record created by the State Police or Attorney General’s Office related to the investigation a public record.

How many states have a Republican governor but not an attorney general?

There are seven states where the governor and the attorney general are not from the same party. In four states there is a Republican serving as governor but not as attorney general. Iowa. Maryland.

How many states have governors and attorney generals from the same party?

In seven states, the governor and the attorney general are not from the same party. This occurs in four states with Republican governors and three states with Democratic governors. In 10 states, the governor and the secretary of state are not from the same party. This occurs in five states with Democratic governors and five states ...

What did Beshear say about Bevin?

Beshear filed a civil suit against Bevin on April 11, 2016, which claimed that budget cuts made by Bevin violated the Kentucky Constitution 's distribution of powers article. Bevin had announced a 2 percent budget cut to state colleges and universities on April 1, which took effect immediately.

When did Governor Bevin issue the executive order?

On June 16, 2017 , Governor Bevin issued an updated executive order, which amended several of the provisions in the original order. Attorney General Beshear filed a lawsuit in Franklin Circuit Court against the new order on June 20, 2017 , arguing that it still exceeded the governor's authority.

Who is the Attorney General of Kentucky?

In June 2019, the Kentucky Supreme Court ruled unanimously in favor of Bevin. Attorney General Beshear (D) was first elected in 2015, succeeding Jack Conway (D). Governor Matt Bevin (R) was also elected for the first time in 2015, succeeding Gov. Steve Beshear (D), Attorney General Beshear's father.

Who sued Gov. Bevin?

On June 22, 2016, Attorney General Beshear announced his intent to sue Gov. Bevin regarding Bevin's executive orders that reorganized the boards of trustees of the Kentucky Retirement Systems, the state's pension agency, and the University of Louisville. In the weeks prior, Bevin had abolished the Kentucky Retirement Systems board ...

What is a triplex in state government?

A state government triplex is a term to describe when one political party holds the following three positions in a state's government: governor, attorney general, and secretary of state. In states where the attorney general or secretary of state are appointed by the governor, Ballotpedia considers the office to be held by the governor's party for the purposes of defining triplexes. In states where these officers are not all from the same party, differing political views can bring them into direct conflict with one another. According to Christopher Beam of Slate, disputes between governors and attorneys general are fairly common and usually occur along partisan lines. Based on Ballotpedia's analysis, similar disputes are likely to arise between a governor and secretary of state who belong to opposing parties. Having all three executives of the same political party, then, can lessen these conflicts.

Why does the Attorney General defend state laws?

One reason the AG gets to defend state laws is that constitutional expertise resides in that office.

Why do lawyers refuse to defend state laws?

Attorneys general who refuse to defend state laws typically say it’s because those laws are unconstitutional, but Zoeller says that’s not their call to make. “The courts are empowered to make the decision of whether a law is constitutional or not,” he says.

Why did the Kentucky House balk at the Senate?

The desire to preserve a balance within the executive branch is one reason why the Kentucky House balked this year at a state Senate plan to strip Attorney General Andy Beshear of much of his authority. Beshear, a Democrat, has repeatedly sued GOP Gov. Matt Bevin.

Why did the Supreme Court throw out Proposition 8?

The attorney general there refused to defend the law, so the Supreme Court threw it out in 2013 on a question of standing, on the grounds that the ballot initiative’s sponsors had no right to defend a state law if the state itself refused to do so.

When did same sex marriage become universal?

Before the U.S. Supreme Court made same-sex marriage rights universal in 2015, several Democratic AGs refused to defend their states’ bans on the practice. Last year, Roy Cooper, then North Carolina’s attorney general, decided not to defend House Bill 2, which gutted anti-discrimination protections for gay and transgender people.

Why is Paul Lepage suing Janet Mills?

Currently, Maine GOP Gov. Paul LePage is suing Janet Mills, the state’s Democratic attorney general, for refusing to pursue legal actions he favors. These conflicts come up most frequently on high-profile issues where partisans hold strong and opposing positions.