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The Diffusion of Executive Power in American State Constitutions: Tenure and Tenure Limitations
Authors:Benjamin   Gerald
Abstract:The comparative study of the development of state constitutionalprovisions concerning executive power, within the frameworkof diffusion theory, has value for a general understanding ofexecutive authority in contemporary America. American chiefexecutive offices were designed with a complex package of powersand limits, all viewed by their creators as mutually contingentand in delicate balance. Since the creation of each executiveoffice, constitutional development has evidenced a "decouplingeffect," that is, in different eras, discrete powers and limits,considered individually, were altered in response to unfoldingevents and changing ideological premises, generally with theeffect of enhancing executive power. This pattern is evidentin the development of the current norm in constitutional provisionsregarding tenure and tenure limitation, the four-year term andthe two-term limit. In this development, there has been evidenceof mutual influence between the states and the national governmentwith some evidence, too, of regional patterns of resistanceto change (in New England). Somewhat surprisingly for thosewhose study of executive power is limited to the Presidency,when a comparative approach is employed, the post-Civil Warperiod emerges as a crucial time of executive strengtheningin America.
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