Frequently Asked Questions about Comparing Federal and State Executive Branches

Frequently Asked Questions about Comparing Federal and State Executive Branches By Chris Micheli

Where are the executive branches of government established? The U.S. President and the California Governor draw their authority from the federal and state constitutions concerning their respective roles in the lawmaking process. Federal and state statutes also provide additional duties and responsibilities for the chief executives in the adoption of laws. 

Do the chief executives provide updates to the legislative branch? Both the President and the Governor make major policy addresses to their respective legislative bodies (e.g., the State of the State speech each January by the Governor and the State of the Union speech each January by the President) that establish the priorities of the chief executives.

Can the chief executive can the legislative branch into special session? Both the President and the Governor can call the legislative branch into extraordinary session to address specific issues, such as a natural disaster, a budget crisis, or some other high profile public policy issue.

Does the chief executive prepare a budget for government spending? Both the President and the Governor propose their respective budgets for the operation of the federal and state governments, which are reviewed and modified by the legislative branch.

How do the chief executives work with the legislative branch on the budget? The Governor (through the Department of Finance - DOF) actively participates in the Legislature’s review and adoption of the State Budget by providing details and analysis of the Governor’s budget priorities. Similarly, the President (through the Office of Management and Budget - OMB) attempts to persuade the Congress to adopt his or her budget proposals by working interactively with both houses of Congress to advance the President’s spending priorities.

 

Does the chief executive have veto authority over the budget? The State Constitution (Article IV, Section 10(e)) provides the Governor with “line-item veto” authority—meaning the Governor can reduce or eliminate any of the thousands of individual appropriations made in the annual Budget bill. Similar authority does not exist under the federal constitution and so the President can only veto the entire federal budget.

Do chief executives work with legislative leaders? As part of the lawmaking process, both the President and Governor meet with legislative leaders (especially those of his or her same political party) in attempts to reach compromise on major legislation, as well as the initial introduction of executive branch priorities that need legislation. And the President and Governor bring legislative leaders together with major stakeholders to discuss and fashion legislation in an effort to ensure their views are included in the final versions of bills.

Can the Governor enact legislation? The Governor may propose specific legislation to take to the voters via the initiative route. This can be accomplished through legislation (which requires a 2/3 vote of both houses) or the collection of signatures to place the measure on the statewide ballot.

 

Can the President enact legislation? The President does not have the direct power to enact federal statutes; instead, the President has the power to recommend legislation by virtue of Article II, Section 3 of the Constitution (“such measures as he shall judge necessary and expedient” and “give to the Congress information of the state of the union”). The President, through a member of Congress, can introduce legislation.

 

What happens when legislation reaches the chief executive? In terms of final actions on legislation, the President has a "pocket veto" (i.e., a bill is vetoed if it is not acted upon during the required period of time), as opposed to a "pocket signature" rule that exists in California (i.e., a bill becomes a state law if the governor does not act upon it within the required period of time). The President and Governor have a specified period of time in which to sign or veto legislation sent to his or her desk.

Comments

Post a Comment

Popular posts from this blog

Another Reason to Limit Bill Introductions?

Another Reason to Limit Bill Introductions?  By Chris Micheli             As I did my final review of Governor Newsom’s actions on the 1,046 bills sent to him after the 2023 Legislative Session, I noticed that some of the Governor’s veto messages provide additional rationales for limiting bill introductions.             Out of 156 vetoes from the 2023 Session, the number one reason for the Governor’s veto was budget concerns or cost pressures. In fact, 41% of the vetoes used that basis. That by itself is not a reason to limit bill introductions, but another statistic may provide such a reason…             By my count, just over 1/3 of the bills vetoed by Governor Newsom likely should not have been sent to his Desk and, arguably, should not have made it through the process at all. In fact, perhaps they should not h...
Read more

Frequently Asked Questions about California’s Budget Process

Frequently Asked Questions about California’s Budget Process  By Chris Micheli             What are the main parts of the California state budget? They are the Budget Bill, Budget Bill Junior, Trailer Bills, and Supplemental Reports.             What is the Budget Bill? This bill contains the appropriations and “Budget Bill Language”. Note that only a Budget Bill (or BBJ) can contain multiple appropriations. It requires a majority vote for passage and the bill takes effect immediately. There is just one Budget Bill. What is the “Budget Bill Jr.”? This is the bill that amends the main Budget Bill by making changes to multiple appropriations. There are often multiple BBJs. What is a Trailer Bill? This bill makes the statutory changes needed to implement the budget. It is the same as any other bill, but it takes effect immediately with a majority vote if it contain...
Read more

Can Any Bill Call an Election?

Can Any Bill Call an Election?  By Chris Micheli             In June 2024, we saw two bills that contain a provision to call an election.             Both bills contain a “plus” section at the end of the bill, which is an uncodified statute, stating the following: “this act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.” Such a measure only requires a majority vote, unless some other constitutional provision requires a higher vote threshold (e.g., a tax increase). What is the basis for this statement? Section 8(c)(3) of Article IV of the state Constitution provides: “ Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” However, there is no further gui...
Read more