Gubernatorial Inability and Absence in the New York Constitution: Proposals and Arguments for Reform

Authors

Fordham Law School Rule of Law Clinic
Antonia Spano, Fordham University School of Law
Liam Turner, Fordham University School of Law

Files

Description

The New York Constitution's provisions related to gubernatorial inability and absence from the state are in need of reform. In this report, the Fordham Law School Rule of Law Clinic advances recommendations for addressing the vulnerabilities created by both provisions. The absence provision, which transfers power whenever the governor leaves the state, can cause confusion, cast doubt on the legality of gubernatorial actions, prompt rival politicians to simultaneously claim to be governor, and undermine confidence in the rule of law. The constitution's inability provision provides for transfers of power when the governor is "unable," but does not define what it means to be unable or provide a way to declare a governor unable. The Rule of Law Clinic recommends procedures for voluntary and involuntary inability declarations.

Start Date

12-2023

Publisher

Fordham Law School Rule of Law Clinic

City

New York

Keywords

gubernatorial succession