In New york state is there a part of the constitution (New York State Constitution) or a law that expressly guarantees a Governor the right to executive orders? The only reference I could find to executive orders while searching was a small section saying they could use an execute order to declare a state of emergency, but not what power led them to being able to use one at all in the first place.

From my understanding of federal politics and laws there is no expressly written laws or permissions however it's an assumed ability granted to the President based on abilities he or she already has, not being able to just randomly create new laws but to make enforceable edicts based through either further laws or regulations, or other governing agencies that it has been delegated to. Is this the same?

As a side note, I'm not referring to emergency powers, or the powers granted to them during an emergency (which it seems is and now always will be forever to some extent) but just as an absolute at any given time.

1 Answer 1


I agree that it's not stated explicitly, but I wouldn't expect it to be. I think it's implicit in Article IV Section 1: "The executive power shall be vested in the governor [...]". The only practical way to exert such power is by giving orders to other people. The fact that particularly important orders are emphasized by giving them the formal label of "Executive Order" is merely a convention.

Of course, such orders would only be legally binding if they are lawful and within the authority that the Constitution grants to the governor. The Constitution won't stop the governor from issuing an executive order saying "Burn them all", but no government employee or citizen would be required, nor indeed permitted, to obey such an order. It would just be a piece of paper with no legal force.

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