McGeorge Adjunct Professor Chris Micheli

Most of the powers of the executive branch of California’s state government are found in Article V of the California Constitution. Today’s post and podcast is a description, briefly, of those constitutional provisions affecting the Governor and his or her administration. A smaller sample of the Governor’s powers are discussed in the post, while a broader discussion is in today’s podcast.

Section 4 of Article V provides the Governor can require officers and agencies to furnish information to him related to their duties.

Section 6 authorizes a statute to allow the Governor to reorganize functions among state agencies other than those of the remaining constitutional offices. This is generally known as a Governor’s Reorganization Plan, or GRP.

Section 8 provides the Governor with authority to grant a reprieve, a pardon, and commutation, except for cases of impeachment. The Governor must report to the Legislature any grants, and provide the facts and reasons for doing so. There are no pardons for persons twice convicted of a felony unless the Supreme Court recommends it.

Section 9 of Article V requires the Lieutenant Governor to have the same qualifications as the Governor. The Lieutenant Governor is the president of the Senate, but may only cast a vote on a tie.

Section 10 provides the Lieutenant Governor will become the governor when a vacancy in the office occurs. He or she shall act as the Governor during an impeachment proceeding, when the Governor is out of state, or when the Governor has a temporary disability. There is an order of precedence for succession to the governor’s office or temporarily exercising the governor’s function. The Supreme Court has exclusive jurisdiction under this section to address any questions.

You can find a full transcript of today’s audio here.

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