state executive order
{{Use American English|date=June 2020}}
{{Short description|Directive issued by a state governor in the United States}}
File:New York Executive Order No. 202.17.pdf]]
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.{{Cite web|title=Governors' Powers & Authority|url=https://www.nga.org/consulting-2/powers-and-authority/|access-date=2020-06-10|website=National Governors Association}} 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.{{Cite journal|last1=Gakh|first1=Maxim|last2=Vernick|first2=Jon S.|last3=Rutkow|first3=Lainie|date=2013|title=Using Gubernatorial Executive Orders to Advance Public Health|journal=Public Health Reports|volume=128|issue=2|pages=127–130|doi=10.1177/003335491312800208|issn=0033-3549|pmc=3560871}}
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{{Cite web|title=State and Local Enforcement of Executive Orders on the Rise as Businesses Reopen Across America: Be Prepared to Respond|url=https://www.jdsupra.com/legalnews/state-and-local-enforcement-of-60352/|access-date=2020-06-10|website=JD Supra|language=en}} 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.{{Cite web|last1=Washington|first1=1440 G. Street NW|last2=Skype|first2=DC 20005 202-742-1520 Call with|date=2014-07-24|title=How accessible are executive orders in each of the 50 states?|url=https://sunlightfoundation.com/2014/07/24/how-accessible-are-executive-orders-in-each-of-the-50-states/|access-date=2020-06-10|website=Sunlight Foundation|language=en-US}}{{citation | title= About Executive Orders of the State of Colorado | url= https://www.colorado.gov/governor/executive-orders}}{{citation | title= About Executive Orders of the State of Georgia | url= https://gov.georgia.gov/executive-orders}}{{citation | title= About Executive Orders of the State of Washington | url= https://www.governor.wa.gov/office-governor/official-actions/executive-orders}}
Basis in state constitutions
Powers of executive order can be either constitutional, statutory, implied, or ‘general authority only' (Wyoming).{{Cite web|last=|first=|date=|title=Gubernatorial Executive Orders: Authorization, Provisions, Procedures|url=http://knowledgecenter.csg.org/kc/system/files/4.5.2019.pdf|archive-url=|archive-date=|access-date=June 10, 2020|website=National Governors Association}} 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){{Cite web|title=Governor of New York|url=https://ballotpedia.org/Governor_of_New_York|access-date=2020-06-10|website=Ballotpedia|language=en}} or “the supreme executive power of this State, shall be vested in a...Governor...” (Nevada),{{Cite web|title=Governor of Nevada|url=https://ballotpedia.org/Governor_of_Nevada|access-date=2020-06-10|website=Ballotpedia|language=en}} or similar. These sections supplement and give way for executive and state law that grants the powers of issuance of executive orders to governors.
Powers
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. 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.{{Cite web|date=2020-06-09|title=What powers does Pritzker have in an emergency? And what has he ordered so far?|url=https://www.illinoispolicy.org/what-powers-does-pritzker-have-in-an-emergency-and-what-has-he-ordered-so-far/|access-date=2020-06-10|website=Illinois Policy}} This allows for the release and reallocation 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:
- Temporarily suspending or modifying any statute, local law, ordinance, order, rule, regulation, or parts thereof
- Granting clemency{{Cite web |author=Florida Senate |title=Florida Constitution|url=https://m.flsenate.gov/laws/constitution|archive-url=|archive-date=|access-date=June 10, 2020|website=Florida Senate}}
- Commuting or pardoning a criminal sentence
- Declaring a state of emergency
- Creating state agencies or commissions
- Redirecting state agencies and departments to help a certain purpose
- Issuing directives necessary to cope with a disaster or emergency
- Executive agreements between counterpart governors (similar to interstate compacts)
Note that some of these powers can only be invoked after the declaration of a state of emergency.
Reactions and controversy
{{Main|2020 United States anti-lockdown protests}}
In light of the COVID-19 pandemic, virtually all US state governors issued some type of order either putting in place a stay-at-home mandate or advisory.{{Cite web|title=State Executive Orders – COVID-19 Resources for State Leaders|url=https://web.csg.org/covid19/executive-orders/|access-date=2020-06-10|language=en-US}}{{Cite web |first=Cleary |last=Gottlieb|date=June 2, 2020|title=Response to COVID-19: State Executive Orders|url=https://www.clearygottlieb.com/-/media/files/alert-memos-2020/state-executive-orders/state-executive-orders60220-pdf.pdf|archive-url=|archive-date=|access-date=June 10, 2020|website=Cleary Gottlieb}} As tensions escalated and Americans grew tired of quarantine, there were many protests in response, especially in Michigan.{{Cite web |last2=Berg |first1=Paul |last1=Egan |first2=Kara|title=Thousands converge to protest Michigan governor's stay-home order in 'Operation Gridlock'|url=https://www.usatoday.com/story/news/nation/2020/04/15/lansing-capitol-protest-michigan-stay-home-order/5139472002/|access-date=2020-06-10|website=USA Today |language=en-US}} 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.{{Cite web|last=Kahn|first=Debra|title=Newsom executive orders test constitutional bounds — and legislative goodwill|url=https://politi.co/354H2Q4|access-date=2020-06-10|website=Politico PRO|date=22 April 2020 |language=en}}