In the United States, a state executive order is a directive issued by a governor that regulates operations of the state government and certain aspects of citizen life. [1] Powers of state executive orders are limited by the respective state constitution and/or executive and state law, and are also subject to the provisions of the United States Constitution and any applicable federal law. [2]
Similar to presidential executive orders, they are subject to judicial review and can be invalidated if determined to violate any statutes or codes by which they are governed. The majority of them carry the force of law [3] and remain in effect until revoked, suspended, canceled, proven unlawful, or expire by a date or condition set forth within itself. In 38 of the 50 states, there is no requirement for orders to undergo administrative procedure, which controls how they are formed and enacted. Six states mandate legislative review, and another six have these requirements only for executive orders of a certain type, like those having to do with the creation of agencies. [4] [5] [6] [7]
Powers of executive order can be either constitutional, statutory, implied, or ‘general authority only' (Wyoming). [8] In most state constitutions, there is no specific provision for the power of governors to issue executive orders. However, in many of those constitutions, there is a provision stating that the “executive power shall be vested in the governor” (New York) [9] or “the supreme executive power of this State, shall be vested in a...Governor...” (Nevada), [10] or similar. These sections supplement and give way for executive and state law that grants the powers of issuance of executive orders to governors.
State executive orders are usually enacted less frequently than bills passed by state legislatures. They are especially used in the midst of a public health emergency or disaster. [2] During a state of emergency (which usually can only be declared through executive order), the powers of the governor may be expanded beyond their normal reach. [11] This allows for the release and reallocating of various state funds and resources to assist local governments and communities in dealing with crises, as well as modification of laws to aid in such.
Additionally, in many states, orders can be used for a large range of executive actions, including but not limited to:
Note that some of these powers can only be invoked after the declaration of a state of emergency.
In light of the COVID-19 pandemic, virtually all US state governors have issued some type of order either putting in place a stay-at-home mandate or advisory. [13] [14] As tensions escalated and Americans grew tired of quarantine, there were many protests in response, especially in Michigan. [15] These protests called for “reopenings” of states, and many have brought into question the constitutionality of long-term quarantines and other large-scale societal changes imposed by governors. [16]
The governor of the State of Maryland is the head of government of Maryland, and is the commander-in-chief of the state's National Guard units. The governor is the highest-ranking official in the state and has a broad range of appointive powers in both the state and local governments, as specified by the Maryland Constitution. Because of the extent of these constitutional powers, the governor of Maryland has been ranked as being among the most powerful governors in the United States.
Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group of people, usually without legislative approval. While intended to allow rapid responses to a crisis, rule by decree is easily abused and is often a key feature of dictatorships.
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power. The vast majority of executive orders are proposed by federal agencies before being issued by the president.
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma executive branch, of the government of Oklahoma. The governor is the ex officio commander-in-chief of the Oklahoma National Guard when not called into federal use. Despite being an executive branch official, the governor also holds legislative and judicial powers. The governor's responsibilities include making yearly "State of the State" addresses to the Oklahoma Legislature, submitting the annual state budget, ensuring that state laws are enforced, and that the peace is preserved. The governor's term is four years in length.
The governor of North Carolina is the head of government of the U.S. state of North Carolina. Seventy-five people have held the office since its inception in 1776. The governor serves a term of four years and chairs the collective body of the state's elected executive officials, the Council of State. The governor's powers and responsibilities are prescribed by the state constitution and by law. They serve as the North Carolina's chief executive and are tasked by the constitution with faithfully carrying out the laws of the state. They are ex officio commander in chief of the North Carolina National Guard and director of the state budget. The office has extensive powers of appointment of executive branch officials, some judges, and members of boards and commissions. Governors are also empowered to grant pardons and veto legislation.
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the drafting of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances.
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executive power" of the United States in the President. Although that general principle is widely accepted among legal scholars, there is disagreement about the strength and scope of the doctrine.
In the United States, a governor serves as the chief executive and commander-in-chief in each of the fifty states and in the five permanently inhabited territories, functioning as head of state and head of government therein. As such, governors are responsible for implementing state laws and overseeing the operation of the state executive branch. As state leaders, governors advance and pursue new and revised policies and programs using a variety of tools, among them executive orders, executive budgets, and legislative proposals and vetoes. Governors carry out their management and leadership responsibilities and objectives with the support and assistance of department and agency heads, many of whom they are empowered to appoint. A majority of governors have the authority to appoint state court judges as well, in most cases from a list of names submitted by a nominations committee.
The National Security and Homeland Security Presidential Directive, signed by President of the United States George W. Bush on May 4, 2007, is a Presidential Directive establishing a comprehensive policy on the federal government structures and operations in the event of a "catastrophic emergency". Such an emergency is defined as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."
In the United States, each state and territory has constitutional officers who lead the state governments of the United States. These officers may be elected or appointed, depending on the position. The number and powers of state constitutional officers varies from state to state, based on the constitution and statutes of each state. State constitutional officers may reside in the executive or legislative branch, while state constitutions also establish the judicial system of the state, including state supreme courts.
Andrew Graham Beshear is an American attorney and politician who has served as the 63rd governor of Kentucky since 2019. From 2016 to 2019, he served as the 50th attorney general of Kentucky. A member of the Democratic Party, he is the son of Steve Beshear, the 61st governor of Kentucky.
States of emergency in France are dispositions to grant special powers to the executive branch in case of exceptional circumstances. A state of emergency was declared following the November 2015 Paris attacks, which expired, after five extensions, in November 2017.
The first confirmed case of the COVID-19 pandemic in the U.S. state of Connecticut was confirmed on March 8, although there had previously been multiple people suspected of having COVID-19, all of which eventually tested negative. As of January 19, 2022, there were 599,028 confirmed cases, 68,202 suspected cases, and 9,683 COVID-associated deaths in the state.
The COVID-19 pandemic was first detected in the U.S. state of Georgia on March 2, 2020. The state's first death came ten days later on March 12. As of April 17, 2021, there were 868,163 confirmed cases, 60,403 hospitalizations, and 17,214 deaths. All of Georgia's 159 counties now report COVID-19 cases, with Gwinnett County reporting over 85,000 cases and the next three counties now reporting over 56,000 cases each. As of October 23, 2020, forty-five Georgia counties have higher per capita COVID-19 case rates than New York City.
The COVID-19 pandemic in New Hampshire is part of an ongoing pandemic of coronavirus disease 2019 (COVID-19) in the U.S. state of New Hampshire. The first confirmed case was reported on March 2, 2020. A state of emergency was declared March 13, which included a ban on gatherings of 50 or more people. A small group filed a lawsuit claiming the order infringed on their right to assemble and worship; a judge dismissed the suit. On March 26, all nonessential businesses were closed and Governor Chris Sununu advised people to only leave home for essential necessities. That stay-at-home order was extended several times before being allowed to expire on June 15. Through November 22, a total of 74 emergency orders had been issued by Sununu. Sununu lifted the mask mandate as of April 16, 2021.
The COVID-19 pandemic reached the U.S. state of Mississippi in March 2020.
State, territorial, tribal, and local governments responded to the COVID-19 pandemic in the United States with various declarations of emergency, closure of schools and public meeting places, lockdowns, and other restrictions intended to slow the progression of the virus.
A stay-at-home order, safer-at-home order, movement control order, or lockdown restrictions – also referred to by loose use of the terms (self-) quarantine, (self-) isolation, or lockdown – is an order from a government authority that restricts movements of a population as a mass quarantine strategy for suppressing or mitigating an epidemic or pandemic by ordering residents to stay home except for essential tasks or for work in essential businesses. The medical distinction between such an order and a quarantine is that a quarantine is usually understood to involve isolating only selected people who are considered to be possibly infectious rather than the entire population of an area In many cases, outdoor activities are allowed. Non-essential businesses are either closed or adapted to remote work. In some regions, it has been implemented as a round-the-clock curfew or called a shelter-in-place order, but it is not to be confused with a shelter-in-place situation.