Kentucky. Governor

As defined in Kentucky's first constitution, the Governor of the Commonwealth of Kentucky functions as the head of the executive branch of government and is responsible for the execution of the laws of the Commonwealth and for the protection and promotion of the general welfare of its citizens. The governor was originally elected by an electoral college, but since Kentucky's second constitution in 1799, he/she has been directly elected by the state's eligible voters.

In addition to the method of election, other aspects of the governor's office have been changed by revisions in Kentucky's constitution. The general qualifications for holding the office have been changed with each constitution. The first constitution (1792) required a candidate to be at least thirty years of age, a resident of Kentucky for two years, and not a member of Congress or in a federal or state government office. The second constitution (1799) required a candidate to be at least thirty-five and an resident of the state for six years. Ministers of religious societies were excluded also. The third constitution (1850) made no further changes in qualifications, but the fourth (1891) returned to the first constitution's age requirement. In addition, the fourth constitution deleted phrases precluding ministers from running for the office, as well as those people holding state or federal government offices.

The governor's term of office also changed over time. While the length of the governor's term has always been four years, the starting dates and the number of years the governor was ineligible between terms have changed. In 1792, the governor's four year term started the first day of June following the election. After the second constitution in 1799, the governor was not permitted to succeed himself, and was ineligible to hold the governorship for seven years after his/her term expired. In addition, the starting date was changed to the fourth Tuesday after the election. The third constitution pushed back the starting date to the fifth Tuesday after the election, and reduced the ineligible period to four years. The fourth constitution made no further changes, making the Kentucky governor one of the few in the nation not allowed to serve for successive terms.

Once elected, the governor has numerous duties and goals. In order to help the governor accomplish the goals of his office, a staff of the Office of the Governor was created. During the term of office of the first governor of the Commonwealth, the Office of the Governor consisted of Governor Isaac Shelby and a secretary whose job was keeping a register of all official acts and serving as a go-between for Shelby and the General Assembly. The administration of state government has become more complex and the Office of the Governor has expanded. The modern-day governor's office is likely to include not only the secretary, but personal assistants, press secretaries, general counsel, public and legislative liaisons, state and local relations officers, and heads of numerous special programs.

The governor has three types of responsibilities administrative, legislative, and judicial. While the judicial powers granted to the governor by each of the four successive constitutions of the Commonwealth are very limited, the administrative and legislative duties are more numerous. In the first consitution (1792), the governor's administrative duties included his function as commander-in-chief of the army, navy, and militia of the Commonwealth except when they were called into the service of the United States. The second constitution (1799), the third (1850), and the fourth (1891), also include this provision but do not allow the governor to command troops personally in the field unless the General Assembly passes a resolution allowing him/her to do so.

A second administrative duty given to the governor through the constitutions is the power to nominate and appoint officers. Like the provision for commander-in-chief, his/her duties under this section have changed. The first constitution allowed for the governor to appoint all officers whose positions were established by either the constitution or by law, when the appointments were not otherwise specified. This duty was restricted in the second constitution by giving county courts greater power in appointing county officials. This duty was not provided for in subsequent constitutions and, as a result, the administrative powers of the governor were greatly reduced. After the Reorganization Act of 1936 was passed by the General Assembly, the powers of the governor to appoint officials expanded.

A final administrative duty that originated with the first constitution is the power granted to the governor to fill vacancies by granting temporary commissions during the time the Senate is in recess. This provision has stayed constant through all four constitutions.

The second constitution provided for two additional administrative duties which were then omitted from the next two constitutions: the power to commission regimental officers and the power to commission sheriffs. Both of these sections required that the person considered for such positions had to be recommended to the governor by their superiors. Neither of the following constitutions made a provision for this duty, and it was not restored by the Reorganization Act of 1936.

The third constitution also added an administrative function, which was continued by the fourth constitution. This section states that the governor may request information from the officers of the executive departments concerning their duties.

Like the administrative duties, the legislative obligations ennumerated for the governor in the constitutions have changed and expanded with time. One task, however, has remained constant through all four constitutions of Kentucky. This tasks involves providing the General Assembly with information and recommendations on the state of the Commonwealth periodically.

A second legislative function set aside for the governor is the ability to convene special sessions of the General Assembly. While the four month maximum session appears in all four constitutions, other aspects of this function have been further defined with time. The second constitution allowed the governor to convene special sessions at the capitol or elsewhere if the regular place had become dangerous from either an enemy or a contagion, such as the smallpox and fever epidemics that flourished in Kentucky in the 1790s. It was not until the fourth constitution that any other changes were made. In 1891, an additional requirement was added that made it necessary for the governor to call the special session by means of a proclamation which stated the subjects of the session; no other subjects were allowed to be considered during the session unless the original proclamation was amended.

These two sections were the only legislative duties given to the governor by the first constitution. The second constitution provided the governor with an additional legislative duty by giving him/her the right to review every bill passed by the General Assembly. He/she then had the right to sign the bill into law; return it to the legislative chamber where it originated with his/her objections; or not return or sign the bill, but let it become law without signature after ten days. The third constitution made no changes in this system, but the fourth expanded the veto power to include a partial, or line item, veto where the governor was allowed to disapprove parts of appropriation bills rather than sending the entire bill back to the General Assembly. No additional legislative powers were granted by the third or fourth constitutions.

The governor was granted only one judicial power by the early constitutions of Kentucky, which was later limited by the third constitution in 1850. The first two constitutions permitted the governor to remit fines and forfeitures, and grant reprieves and pardons. No changes were made by the second constitution, but the third limited the governor's power by not allowing him/her to remit fines imposed by the clerk, sheriff, or the commonwealth attorney. The fourth constitution did not limit the governor's only judicial right any further, but did require him/her to include a statement on each decision.

While the power granted to the governor of Kentucky through the constitutions is not particularly extraordinary in comparison to those granted by other states, Kentucky's governor has traditionally weilded more power in fact than is written into law. The governor is the central figure in party politics, often controlling delegations to state and national party conventions, and is extremely influential with the General Assembly.

From the description of Agency history. (Unknown). WorldCat record id: 145416296