Balance of Power

Virginians have never gotten along well with what they consider “excessive executive power.” Even as residents of a Royal Colony, they railed against King George III for a number of ills real and imagined about which he bore the blame even if fault more accurately could be laid at the feet of members of Parliament. Young Thomas Jefferson in one of his first and certainly most memorable public duties enumerated the complaints against King George III in the Declaration of Independence. It was enough to lead to a war of independence from the Mother Country in the American Revolutionary War whose success will be celebrated on its 250th anniversary in a few years.

The grievances against excessive executive power were not and have not been forgotten. The first Virginia state constitution limited the executive who was given the title of governor to one-year terms with a maximum of three terms. The current Virginia Constitution limits the governor to one four-year term with a second term possible if there has been an intervening term of another governor.

Writing about a subject that has been debated many times including the context of allowing a governor a second successive term comes about again as recently-elected Governor Glenn Youngkin is bumbling his way from being a corporate executive in the private world of finance to being a governor within a constitutional framework of balancing power among the governor, the legislature, and the courts. His early actions as governor are the subject of much discussion among those following state government as to whether he is naïve, certainly inexperienced, or clever in a way that may gain him national attention for the next job he may be coveting. Signs are clear that Virginia may be in for some trying times as the governor learns his job or keeps his sights on higher office.

Governor Youngkin called the General Assembly into Special Session this month as he has the authority to do. The problem came about as there was no consultation with legislative leaders through which he could have found that there was no compromise on the budget as was needed before a special session was called. The General Assembly had a one-hour session at an estimated cost of $46,000 at which a procedural resolution was passed and no other business was available to be conducted. His television ads critical of the legislature offended more legislators than it motivated.

The governor has the power to veto or amend bills passed by the legislature, but that authority has historically been exercised with an understanding of the balance of power with the legislature. He vetoed six bills of Senator Adam Ebbin, some of which were identical to bills passed in bipartisan votes sponsored by other legislators. The move seemed like a schoolyard brawl as the governor is upset over opposition to some of his appointments. Other vetoes and amendments have similar flimsy explanations.

We can only hope that Governor Youngkin can come to understand the balance of power in Virginia government and be able to rein in personal ambitions he may have outside Virginia.