Arizona Government and History Lesson Q6 | Center for American Civics

Arizona Government Lesson 6: The Arizona Executive Branch: The Plural Executive

Question 6: Which is not true of the executive branch in Arizona today?

The governor serves a two-year term.
The governor is one of several separately elected executive branch officials.
The governor has a veto of legislation, including eliminating specific money expenditures.
The governor possesses emergency powers granted by the legislature.

Background

One of the sharpest differences between the US Constitution, on the one hand, and that of many states, including Arizona, on the other is that the 1787 Constitution creates a single, unitary executive to head the entire branch, whereas Arizona, like most states, creates a plural executive.

Article II, Section 1 of the United States Constitution holds that “the executive power shall be vested in a president of the United States of America,” although the Constitution also provides for the creation of departments underneath that president. While Senate confirmation is required to ensure that the heads of these departments are competent, not corrupt, etc., firing of these officials is at the pleasure of the president. The theory behind this, as Hamilton explains in Federalist 70, is to create a clear accountability: if the laws are executed poorly, it is ultimately the president’s fault, since he or she is responsible for selecting the staff who will implement their administration. (This theory is what the widely misunderstood term “unitary executive” actually means). A president who demonstrates capable administration will be reelected; otherwise, the country will choose a new chief executive.

Arizona operates under a much different system. Article V, Section 1 of its Constitution holds that “The executive department shall consist of the governor, lieutenant governor, secretary of state, attorney general, state treasurer and superintendent of public instruction, each of whom shall hold office for a term of four years”. It continues, establishing that each of these (other than the lieutenant governor) is separately chosen by the voters: “The person having the highest number of the votes cast for the office voted for shall be elected.” The members of the executive branch initially served the tight twoyear terms of state legislators, but since 1968 they serve fouryear terms. On the other hand, recalling the old idea of “rotation” in office that appeared in Founding era constitutions, the Arizona Constitution was amended in 1992 to provide for twoterm limits for these executive department officials. Finally, as with all elected officials in Arizona, the elected members of the executive branch can be recalled between elections.

The idea behind separate elections is that it not only diffuses power among different individuals, but it gives voters more direct control over the staffing of the executive branch. In other words, it lets voters choose the specific officials responsible for administering any particular institution. Thus, for example, voters may like the job that the governor is doing, but disapprove of the attorney general or superintendent of public instruction, or vice versa, and choose them accordingly. It also allows for voters to split their tickets: for example, one may prefer a more progressive Democrat as Attorney General but a conservative Republican to direct the state department of education. In addition, separating the Attorney General specifically serves as an additional check on the governor, especially in cases of gubernatorial wrongdoing.

The disadvantages of the plural executive system largely mirror the advantages: in issues where the two officers have to work together, there is more likely to be infighting and disagreement with a plural executive. It is not as easy to tell who to blame for undesirable outcomes in the administration or enforcement of the law, in a way that under a unitary executive any issue would ultimately be the governor’s responsibility.

The lieutenant governor, unlike the rest of the officers in Arizona’s plural executive, runs on a joint ticket with the governor. This ensures that, should the lieutenant governor need to take over midway through the governor’s term, the new governor will be from the same party as the one chosen by the voters. (Arizona, rather unusually among states, did not provide for a lieutenant governor until an amendment created the office in 2022).

Except for the parts assigned to the administration of the other separately selected executive branch officials, the actual scope and powers of the governor are broadly similar to those the president wields as head of the federal executive branch. As Article V of the Arizona Constitution explains, the governor “takes care that the laws be faithfully executed” and is commander in chief of the military forces of the state. Like the president, the governor has power to issue pardons; unlike with the president, the Arizona Constitution authorizes the legislature to set rules and conditions about those pardons. Similarly, the governor has a veto power. Unlike the president, the governor can veto individual appropriations (expenditures of money) without vetoing the entire bill; this is often called a line-item veto. Finally, except for those offices separately elected under the Constitution, the governor has power to nominate executive branch officials as well as many of the state’s judges, though that latter process is quite different in Arizona.

Perhaps the most important difference between the powers of the president and a governor comes from the different jurisdictions of federal and state governments. The US Constitution places foreign policy exclusively in the hands of the federal government, and within that, largely within the president, in order to have a more efficient and decisive figure in international crises or negotiations. Thus, for example, the presidency is most powerful during wartime, whereas the federal government’s limits in domestic policy are even more pronounced for the president.

Conversely, the states are given primary responsibility over the health, welfare, safety, and morals of the people—the police power. As became clear during the Covid19 pandemic, governors have thus traditionally been invested with a great deal of power during emergencies—indeed, arguably far more power than even the president can ever wield.

How broad this power is or how long it can be used is up to the legislature of a state to decide in drawing up that state’s emergency laws, but most governors possess extremely wide latitude to act during emergencies. Arizona’s emergency statute is extremely broad, delegating to the governor, in a state of emergency “complete authority over all agencies of the state government” and “the right to exercise, within the area designated, all police power vested in the state by the constitution and laws of this state”. There are only minimal restrictions on that power; however, a majority of both houses of the legislature can vote to terminate the emergency by a concurrent resolution (which cannot be vetoed). During the COVID-19 pandemic, the legislature added an additional limit, modifying the emergency statute to create sunsets (automatic expirations) to future health emergencies unless renewed by a legislature.

Classroom Activity

Introduction

The U.S. Constitution and some states utilize a unitary executive, in which executive branch officials are all ultimately accountable to the president, in the case of the federal government, or to a given state’s governor; Arizona and most states utilize at least a partially plural executive, in which several executive branch positions are accountable only to the people. In this exercise, students will read arguments for both models, and write their own speeches adopting one of the positions as the best way to structure the state’s executive.

Preparation

Provide the students with the following materials:

Background material above

Writing a Persuasive Speech

US Constitution, Article II, Section 1, paragraph 1; AZ Constitution Article V, Section 1, 4, 9

Federalist 70 (optional)

Instructions

Divide the class into pairs based on the student’s individual levels.
1. This can also be an individual activity.
Explain that they are to prepare a short (2-3 minute) persuasive speech to argue for either the Arizona model of structuring the executive branch or the US model as the better way to have a governor.
Provide each group with the necessary materials and time to read it. (You might consider assigning the readings the night before to leave class time to work on the speeches.)
Provide students with time to develop their speeches. Even if the students are working individually, encourage them to brainstorm and work together.
Circulate throughout the room to help students as needed and check for understanding.
When the students have completed the worksheet, invite some or all of them to present their speeches. Make sure that you have speeches from both sides.

Prompt 1:

In the United States Constitution, the president selects various executive branch officials. How do you think the selection process for the Secretary of State, Treasurer, Attorney General, and Superintendent of Public Instruction in Arizona reflects the state's governance? What factors do you believe influence how the lieutenant governor is chosen?

Prompt 2:

Republics have historically grappled with the balance between the thoroughness required in lawmaking and the urgency needed in emergency situations. Considering states' varying approaches—such as imposing restrictions on governors or allowing elections to serve as a check on power—what do you think is the most effective way to manage a governor's emergency powers? How might historical or contemporary events shape your views on this issue?

Middle Grade Background and Vocabulary List

Middle Grades:

One major difference between the U.S. and Arizona governments is how they handle leadership in the executive branch. The U.S. government has a single leader, the president, in charge of the executive branch. The president picks people to help run different departments, but they work under the president's control. This helps create clear responsibility so people know who to credit or blame when decisions are made.

In Arizona, the system is different. The state has several leaders in the executive branch, including the governor, attorney general, secretary of state, and others. The voters choose each of these officials in separate elections. This gives people more control over who leads different parts of the state government. For example, voters might choose a governor from one political party and a superintendent of public instruction from another.

One advantage of this system is that voters have more choice and can pick the right person for each job. However, it can also lead to disagreements and make it harder to know who is responsible when problems happen.

The governor in Arizona still has many powers, like making sure laws are carried out, vetoing bills, and handling emergencies. During crises, such as the COVID19 pandemic, governors can take strong actions to protect the public. But, unlike the president, Arizona’s governor shares power with other officials, and voters have more opportunities to choose who they want in charge of different parts of the government.

In the United States, the president is the main leader of the government. The president is in charge of making sure that the laws are followed and can choose people to help run different parts of the government. This makes it easy to know who is responsible when things go well or when there are problems.

In Arizona, the system is different. Instead of just one leader, there are several. Arizona has a governor, a secretary of state, an attorney general, and other leaders. These people are all chosen by the voters in separate elections. This means that voters can pick the right person for each job. For example, they can choose a governor they like and a different person to be in charge of education.

This system gives voters more choice, but it can also cause disagreements between the leaders. Sometimes, it’s hard to tell who is responsible when problems happen.

The governor in Arizona has important powers, like making sure laws are carried out, saying no to new laws (vetoing), and acting during emergencies. During situations like the COVID19 pandemic, the governor can make decisions to help keep people safe. But unlike the president, the governor shares power with other officials, so people can vote for many different leaders to run the state.

Vocabulary List:

1. President – The main leader of the U.S. government.

2. Governor – The main leader of a state, like Arizona.

3. Secretary of State – A person who helps with important state tasks like managing elections.

4. Attorney General – A person who makes sure laws are followed and handles legal matters for the state.

5. Executive Branch – The part of government that makes sure laws are carried out.

6. Voters – People who choose leaders in elections.

7. Elections – Events where people vote to choose their leaders.

8. Veto – The power to say no to a new law.

9. Laws – Rules that everyone must follow.

10. Emergencies – Times when quick decisions are needed to keep people safe, like during a natural disaster or health crisis.

Elementary Background and Vocabulary List

Middle/ Elementary Grades:

One major difference between the U.S. government and Arizona’s government is how they handle leadership in the executive branch. The U.S. government has a single leader, the president, in charge of the executive branch. The president picks people to help run different departments, but they work under the president's control. This helps create clear responsibility so people know who to credit or blame when decisions are made.

In Arizona, the system is different. The state has several leaders in the executive branch, including the governor, attorney general, secretary of state, and others. Each of these officials is chosen by the voters in separate elections. This gives people more control over who leads different parts of the state government. For example, voters might choose a governor from one political party and a superintendent of public instruction from another.