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The Governor of Indiana is the chief executive officer of the government of Indiana. Elected to a four year term, the Governor is responsible for overseeing the day-to-day management of the functions of many of the agencies of the state government, while sharing power in other agencies with publicly elected state cabinet heads. Working out of the Indiana Statehouse in Indianapolis, and holding official functions at the Indiana Governor's Residence, Republican Mitch Daniels is currently the 49th Governor.
The governor's insitution has developed over the course of two centuries, and became considerably more powerful since the mid-20th century after decades of struggle with the Indiana General Assembly and Indiana Supreme Court to establish the executive branch of the government as an equal third branch of the state government. Although gubernatorial powers were again significantly expanded by consitutional ammendments during the 1970s, Indiana governors remain significantly less powerful than their counterparts in most other US states.
[edit] Office
[edit] Authority
The Governor of Indiana has wide-ranging executive authority to manage the government of the state and is the chief executive of the executive branch of the state government. These powers are established in the Constitution of Indiana.[1] The Governor works in concert with the Indiana General Assembly and the Supreme Court of Indiana to govern the state. As an independent branch, the governor has the ability to balance the other branches. Among these abilities is the power to veto legislation passed by the General Assembly. If vetoed, a bill is returned to the General Assembly for reconsideration where they may override the veto with only a simple majority vote. One of the Governor's most important politcal powers is the ability to call a special session of the General Assembly. During a two-year period, the assembly can meet on its own for no more than 91 days, and this often prevents them from passing all the legislation they intend to. This can give the Governor considerable influence in the body which will often compromise on issues with him in exchange for a special legislative session.[1]
The Governor can influence the courts by using his appointment power. The Judicial Nominating Commission creates a list of three candidates from which the Governor chooses one who will serve on the state courts. This authority gives the Governor considerable sway in setting the makeup of the judiciary.[1]
Among his other powers, the Governor can call out the state defense force or the Indiana National Guard in times of emergency or disaster. The Governor is also charged with the enforcement of all the state's laws and the Indiana Code which is carried out through the Indiana State Police. The Governor also has the ability to pardon or commute the sentence of any criminal offenders except in cases of treason or impeachment.[1]
The annual salary of the Governor of Indiana is $95,000.[2]
[edit] Requirements
To become Governor of Indiana, a candidate must have been a United States citizen and lived within Indiana for the period of five consecutive years before the election. The candidate must also be at least 30 years old when sworn into office. The Governor may not hold any other state or federal office during his term, and must resign from any such position before being eligible to be sworn in as Governor. Before taking the office, the candidate must swear an oath of office administered by the Chief Justice of the Supreme Court of Indiana, promising to uphold the Constitution and laws of Indiana.[1]
[edit] Term limits
Once elected, a Governor serves a four-year term beginning on the date he is sworn into office; inauguration day is the second Monday in January. He remains Governor until his successor takes the oath office and ends his term. The Governor's term can be shorter if he resigns, dies, become incapacitated or impeached. There is no limit to how many terms a Governor may serve, however the Governor is limited to only serving two consecutive terms at a time. To be eligible to run for a third term, the Governor would have to sit out for one election period.[1]
[edit] Succession
If the Governor becomes incapacitated then the Lieutenant Governor of Indiana becomes acting-Governor until his recovery. If the Governor resigns, dies, or is impeached, tried, and convicted, then the Lieutenant Governor becomes Governor. If the office of the Lieutenant Governor is vacant, then the Senate Pro-Tempore becomes Governor. If the office of Senate Pro-Tempore is also vacant then the Senate must elect a new Pro-Tempore to fill the Governor's office.[1]
[edit] Location
The Governor maintains an office of the first floor of the Indiana Statehouse in Indianapolis and from there he manages all the of state's agencies. He shares the building with the Indiana General Assembly and the Supreme Court of Indiana. The other elected executive officers, including the Attorney General and the Lieutenant Governor, are also located in the statehouse, but most of the state's bureaus are located in the state office building. Traditionally, the Governor lives in the Indiana Governor's Residence, also located in Indianapolis; however, the Daniels family maintains their private home, using the Governor's Residence only for official functions.
[edit] History
[edit] Governors
The first Governor of Indiana, Jonathan Jennings, was elected in August 1816 and assumed office in December of that year. The first capital was in Corydon, and the first three governors maintained homes and offices there. The capital was moved to Indianapolis in December 1824. Governors originally served three-years terms until the constitution was replaced in 1851. The 1851 constitution extended terms to four years but banned governors from serving consecutive terms. The constitution was amended again in 1972 to allow governors to serve consecutive terms but limiting them to two at a time.[3]
There have been 49 Governors of Indiana. Republicans and Democrats have each held the position 21 times. Four have died while in office; seven have resigned. Ten Lieutenant Governors have succeed to become Governor. James B. Ray has been the only President of the Senate pro tempore to assume the office of Governor.
Jonathan Jennings was the first Governor to have an attempted impeachment brought against him, in response to his actions as acting as an agent of the federal government during the negotiations of the Treaty of St. Mary's in 1819, illegal under Indiana's constitution. The evidence of his role was destroyed and after two months of investigation the proceeding were dropped.[4] The only other time was when the General Assembly attempted to bring impeachment proceedings against Governor James B. Ray for a similar action in 1826, but the action was also defeated 28–30.[5]
[edit] Power shifts
Historically, the office of Indiana's governor has been a weaker institution than the other branches of state government when compared to other U.S. States. During Indiana's territorial period, there had been a considerable resentment to the power wielded by the territorial governors, and in response the the anti-governor faction which dominated the constitutional convention created a weak executive position. The governor was not given complete authority over the militia, his term was set at three years, and most of his actions could be overrode by the General Assembly. The position was steadily weakened by legislature, and his power limited further by the constitution of 1851. The governor's authority to choose his own appointments the state courts was removed and the ability to appoint his own cabinet was ended. The cabinet was effectively made independent by making them elected popularly. The authority to propose budgets was revoked and serving consecutive terms was banned. By comparison, the Supreme Court was made almost entirely independent, and the General Assembly assumed many of the powers taken from the governor.[6]
Governors first began to reassert their own power during the American Civil War when the General Assembly attempted to remove command of the militia from the governor. In response the General Assembly was effectively suppressed during which time the governor assumed many powers to appoint public officials, hire and remove state employees, and manage state finances. When the General Assembly reconvened with a majority sympathetic to the governor, he was permitted to continue many of his assumed powers. In 1889, the General Assembly began to reassert its authority over hiring state employees. The issued ended before the Supreme Court who ruled in favor of the legislature, again returning to it final authority over hiring state employees. The legislature passed acts in 1895 that removed most of the last of the governor's authority to appoint anyone to executive positions.[7]
With the onset of the Great Depression in the 1930s, the governors again began to reassert authority. The Executive Reorganization Act was passed returning to the governor a considerable level of appointment power. New state welfare and regulatory agencies were placed directly under the governor's control, greatly expanding his role in running the state and creating a large number of patronage positions. The legislature responded by trying to create a merit system for public offices, but was largely unable to effectively enforce it given the new scope of government agencies. The battle with the governor continued until 1941 when the legislature recinded the Executive Reorganization Act and replaced it with the State Administration Act which places most of the governor under the control of elected commisioners, and reducing the governor's practical executive authority to commander of the militia, and the executor of legislation. The matter was taken to the Supreme Court, who ruled for the first time that the governor was in fact the Chief Executive of the state, and that the legislature could pass no law that infringed upon that right. The decision was a major shift from previous court decisions and granted future governor's a legal basis to resist future encroachment on his powers.
During the 1970s, a series of amendments were passed under popular governors that also increased their powers. The states courts were again made appointive, but selection of the candidates was granted to the court dominate Indiana Judicial Nominating Commission. However, the governor was given more control over the process in which he previously had none. Another amendment removed the ban on consecutive terms, allowing Indiana's first consecutive term governors in over one-hundred years.[8] A third amendment granted the power to prepare a budget to a State Budgetary Agency which was ran by governor appointed officials. The significant authority this gave the governor over the budget was the "greatest transfer of power" to the governor yet.[9]
Despite gaining considerable power during the mid twentieth-century, the governor is still much weaker than compared to that of other states. He has no line-item veto authority, and the pocket-veto was ruled unconstitutional. If a governor does not sign or reject a bill, it becomes law automatically. This led the to a first fight during the term of Claude Matthews who was locked out of the House chambers to prevent him from returning a bill in time. Vetoes are also easily overrode, requiring only a simple majority as opposed to a super majority. The legislature still exercises final control over the hiring of state employees, but given the large size of the government, and the short legislative sessions, they are unable to make any considerable impact other than their continued advocacy for an expanded merit system. The cabinet is still almost entirely independent of the governor, and he has control over only half of the government's agencies, like the Indiana State Police and the Indiana Bureau of Motor Vehicles. Other large agencies, like the Deparment of Administration, are under the control of the cabinet.[10]
[edit] Veto usage
During the state's early history vetoes were seldom employed by governors primarily because they were seen as only symbolic since the General Assembly could override them with only a simple majority. Governor James Whitcomb was the first make significant use of the power, and vetoed a record fifteen bills during a single legislative session. Roger Branigin who presided over a hostile legislature made the most total vetoes of any governor, returning a total of one-hundred bills to the assembly. Despite the the fact that vetoes are easily overridden, only around ten percent of vetoed bills are overrode. During the 1970s, for example, 117 bills were vetoed but only eleven were overrode. Observers and historians attribute this to the shortness of legislative sessions which often do not allow enough time for a large number of bills to pass through both houses twice. Another factor is that legislators of the same party as the governor typically refuse to override his veto, even in cases where they supported the bill originally.[11]
[edit] General Assembly relations
The governor's relation with the General Assembly has typically been the determining factor in his success at enacting his agenda, although other factors also play an important role. In most of Indiana's history, the governor has come to power at a time in which his party controlled the assembly.[12] Since the political parties first became dominant in 1831 and until 2006, thirty-one sessions of the legislature have been divided with different parties controlling the House and Senate. Only five sessions have occurred where the legislature was entirely controlled by the opposition party, while in ninety-eight sessions the governor's party controlled the entire assembly.[13]
Governors who had previously been legislators have generally had greater success in achieving their legislative goals while governor. Three speakers of the house has became governor. Governor Joseph Wright had the worst relations of any governor with the assembly. He twice delivered speeches to a joint session were he harangued them for what he perceived to be corruptions, accusing them of taking bribes from the Bank of Indiana. The legislature responded by overriding all his anti-banking vetoes. He was so disliked by his own party, he was expelled from it after his term.[14]
[edit] Traits
Except for James Whitcomb, all of Indiana's governors have been married at the time of their election. Whitcomb married while in office. About half of the governors have been married multiple times, all due the death of thier first wives. Three governor's wives, including Whitcomb's, died while their husbands were in office. Except for Jonathan Jennings, all of the state governor's have also had children.[15] Only twenty of Indiana's governors were native to the state. Seven were born in Pennsylvania, and four born in both Ohio and Kentucky. Other governors have came from Michigan, Viriginia, New York, and Vermont.[16]
Territorial Governor William Henry Harrison was appointed to office at age twenty-seven, making him the youngest executive. James B. Ray, elevated at thirty-one, and reelected at thrity-two was the youngest governor to be elected to office. Evan Bayh, at age thirty-four, is the only other governor under the age of forty to be elected. James D. Williams, at age sixty-nine, was oldest governor to be elected and died in office at age seventy-two. The average age of governors at the time of their election is fifty.[15]
Thirty-two of Indiana's governors have served in the military. Veteran organizations have served as a gateway for the governship. Ira J. Chase served as leader of the Grand Army of the Republic. Paul V. McNutt, Ralph F. Gates, George N. Craig were leaders of the American Legion. Thirty governors have been lawyers by profession, and three have been farmers. Thirty have received college eduction, with eleven having attended Indiana University. Several governors have went on to higher office, with nine serving in the United States Senate, and two serving as Vice President of the United States.[15]
[edit] Gubernatorial elections
[edit] 1816–1850
Under the original constitution of 1816, the state held gubernatorial elections every three years. The first election was held before statehood was approved, in August of 1816. Until the consitution was replaced in 1851, elections were held in October and winners took office in December.
[edit] 1851–1971
In 1851, Indiana adopted is second and current constitution which banned governors from serving consecutive terms and lengthening terms to four years. Elections since then have been held on Election Day in November during years divisible by four, concurrent with presidential elections.
[edit] 1972–Present
In 1972 a constitutional ammendment was approved allowing governors to serve two consecutive four years terms.
[edit] See also
[edit] References
Notes
- ^ a b c d e f g "Consitution of Indiana, Article Five". Indiana University. http://www.law.indiana.edu/uslawdocs/inconst/art-5.html. Retrieved on 2008-07-23.
- ^ "Information Maintained by the Office of Code Revision Indiana Legislative Services Agency". State of Indiana. 11/22/2008. http://www.in.gov/legislative/ic/code/title4/ar2/ch1.html. Retrieved on 2008-11-23.
- ^ "CONSTITUTION OF THE STATE OF INDIANA". Indiana University School of Law - Bloomington. http://www.law.indiana.edu/uslawdocs/inconst.txt. Retrieved on 2008-12-07.
- ^ Woollen, p. 37
- ^ Woolen, p. 61
- ^ Gugin, pp. 1–2
- ^ Gugin, p. 3
- ^ Gugin, p. 4
- ^ Gugin, p. 5
- ^ Gugin, p. 6
- ^ Gugin, p. 6
- ^ Gugin, p. 7
- ^ Gugin, p. 8
- ^ Gugin, p. 10
- ^ a b c Gugin, p. 11
- ^ Gugin, p. 15
- ^ Woollen, p. 33
- ^ Election return summary for all Indiana gubernatorial elections can be found in: Congressional Quarterly's Guide to U.S. Elections. CQ Press. pp. 1119. ISBN 1568026021.
- ^ Gugin , p. 51
- ^ Gugin, p. 55
- ^ Gugin, p. 62
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an Congressional Quarterly, p. 406
- ^ Gugin, p. 66
- ^ a b Gugin, p. 72
- ^ Cady, Charles W (1846). The Indiana annual register and pocket manual for the year 1845. E. Chamberlain. http://books.google.com/books?id=W4gSAAAAYAAJ.
- ^ Gugin, p. 90
- ^ Gugin, p. 98
- ^ Gugin, p. 100
- ^ Gugin, p. 116
- ^ Gugin, p. 119
- ^ Esarey, Logan (1922). A History of Indiana. Harcourt, Brace and company. pp. 187.
- ^ Gugin, p. 137
- ^ Gugin, p. 147
- ^ Gugin, p. 158
- ^ Gugin, p. 163
- ^ Gugin, p. 170
- ^ Gugin, p. 187
- ^ Gugin, p. 187
- ^ Gugin, p. 194
- ^ Gugin, p. 206
- ^ Gugin, p. 212
- ^ Gugin, p. 218
- ^ http://books.google.com/books?id=etQbAAAAIAAJ&pg=PA308&dq=kern+durbin+appleton&lr=#PPA308,M1
- ^ Gugin, p. 227
- ^ http://books.google.com/books?id=LXU3AAAAMAAJ&pg=RA1-PA477&dq=hanly+kern+election+1904&lr=&as_brr=3#PRA1-PA477,M1
- ^ Gugin, p. 236
- ^ Gugin, p. 252
- ^ New International Encyclopedia. Dodd, Mead. 1915. p. 95. http://books.google.com/books?id=dxsoAAAAYAAJ.
- ^ Gugin, p. 252
- ^ After accepting the progressive nomination for governor, Hanly accepted the prohibition ticket nomination to run for US President
- ^ Gugin, p. 264
- ^ Gugin, p. 276
- ^ Gugin, p. 284
- ^ Gugin, p. 292
- ^ Gugin, p. 330
- ^ Gugin, p. 338
- ^ "Indiana General Election November 2, 2004, Statewide". Indiana Secretary of State. 2004-11-02. http://www.in.gov/apps/sos/election/general/general2004?page=office&countyID=-1&officeID=37&districtID=937&candidate=. Retrieved on 2008-11-07.
- ^ "Indiana General Election November 4, 2008, Statewide". Indiana Secretary of State. 2008-11-04. http://www.in.gov/apps/sos/election/general/general2008?page=office&countyID=-1&officeID=37&districtID=937&candidate=. Retrieved on 2008-11-07.
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