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

The New York Constitution\u27s 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\u27s 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.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1005/thumbnail.jp

Planning for Emerging Threats: Rethinking the Presidential Line of Succession

From the COVID-19 pandemic to the Ukraine war, recent events have highlighted possible threats to the continuity of presidential leadership. The presidential line of succession in the Presidential Succession Act of 1947 has several flaws. Some of the successors it designates might be ill-suited to discharge the powers of the presidency. Others concerns include its constitutionality, inappropriate incentives it might create, and the democratic legitimacy of outcomes it might produce. This report proposes several reforms to the line of succession for pre- and post-inaugural succession contingencies.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1002/thumbnail.jp

Who’s Next? Proposals to Reform New York’s Gubernatorial Line of Succession

A workable line of succession to the governor\u27s office is necessary to maintain stable leadership in a variety of possible scenarios. New York\u27s line of succession is flawed in several ways. Some of the weaknesses stem from the designation of lawmakers as the next successors after the lieutenant governor, which raises separation of powers concerns. Additionally, there are significant ambiguities in the constitutional and statutory succession provisions. And the statutory line of succession statute is impossible to use in many situations because it only covers cases where the governor\u27s office is vacant due to an attack or natural or peacetime disaster. In this report, the Fordham Law School Rule of Law Clinic recommends a slate of reforms to strengthen New York\u27s gubernatorial line of succession.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1004/thumbnail.jp

Ensuring Continuity of Congress

Throughout its history, the U.S. Congress has had several brushes with catastrophe that threatened to prevent it from functioning or to change its balance of power. This report advances reforms to ensure that Congress can continue functioning if many of its members die or become incapacitated or if lawmakers\u27 ability to meet at the Capitol is challenged. It recommends procedures for (1) rapidly replacing members of Congress in the event of mass death or incapacity; (2) declaring members of Congress incapacitated during an emergency; and (3) implementing emergency protocols.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1001/thumbnail.jp

Reforming the New York Lieutenant Governor Replacement Process: A Policy Recommendation

New York\u27s governor has unilateral power to fill vacancies in the lieutenant governor\u27s office. This unchecked power is undemocratic and risks elevating unqualified officials. In this report, the Fordham Law School Rule of Law Clinic recommends reforming the lieutenant governor replacement process. Building on a recommendation advanced by the New York State Bar Association, the clinic recommends providing the Legislature an opportunity to confirm the governor\u27s nominees. If the Legislature rejects two nominations, the governor could choose a new lieutenant governor from among a group of elected and Senate-confirmed officials.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1003/thumbnail.jp

State Laws for Administering Presidential Elections: Recommendations and Considerations for Reform

States have a critical role in administering presidential elections, and there are currently a range of emergent challenges that they must confront. In this report, the Fordham Law School Rule of Law Clinic outlines reform recommendations and considerations to assist states in crafting their presidential election administration policies in key areas, including (1) implementation of provisions of the federal Electoral Count Reform Act; (2) preparation for natural or human-caused election disruptions; (3) prevention of faithless and fake electors; (4) accommodation of third-party and independent candidates; and (5) preparation for implementation of the National Popular Vote Interstate Compact.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1006/thumbnail.jp

Changing Hands: Recommendations to Improve New York’s System of Gubernatorial Succession

Despite the frequency with which the state’s highest executive offices have changed hands, New York is unprepared to deal with a panoply of issues relating to its constitution’s gubernatorial succession provisions. In this report, the Fordham Law School Rule of Law Clinic proposes reforms to address four principal issues with the existing gubernatorial succession provisions: gubernatorial inability, gubernatorial absence, lieutenant governor replacement, and the gubernatorial line of succession.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1000/thumbnail.jp

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

The New York Constitution\u27s 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\u27s 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.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1005/thumbnail.jp

Ensuring Continuity of Congress

Throughout its history, the U.S. Congress has had several brushes with catastrophe that threatened to prevent it from functioning or to change its balance of power. This report advances reforms to ensure that Congress can continue functioning if many of its members die or become incapacitated or if lawmakers\u27 ability to meet at the Capitol is challenged. It recommends procedures for (1) rapidly replacing members of Congress in the event of mass death or incapacity; (2) declaring members of Congress incapacitated during an emergency; and (3) implementing emergency protocols.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1001/thumbnail.jp

Reforming the New York Lieutenant Governor Replacement Process: A Policy Recommendation

New York\u27s governor has unilateral power to fill vacancies in the lieutenant governor\u27s office. This unchecked power is undemocratic and risks elevating unqualified officials. In this report, the Fordham Law School Rule of Law Clinic recommends reforming the lieutenant governor replacement process. Building on a recommendation advanced by the New York State Bar Association, the clinic recommends providing the Legislature an opportunity to confirm the governor\u27s nominees. If the Legislature rejects two nominations, the governor could choose a new lieutenant governor from among a group of elected and Senate-confirmed officials.https://ir.lawnet.fordham.edu/rule_of_law_clinic/1003/thumbnail.jp