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§ 3. Executive power of governor. The supreme executive power of this state shall be vested in a governor, who shall be responsible for the enforcement of the laws of this state.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

Law Review and Bar Journal References:

The New Kansas DUI Law: Constitutional Issues and Practical Problems, Gerard Little, Jr., 22 W.L.J. 340, 354 (1983).

The New Mandamus-State ex rel. Stephan v. Kansas House of Representatives, Henry E. Couchman, Jr., 33 K.L.R. 733, 736, 745 (1985).

Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas, Richard E. Levy, 42 K.L.R. 265, 273 (1994).

Attorney General's Opinions:

Office of governor; power to accept delegated presidential authority. 80-140.

Dept. of administration; inclusion of state agencies' budget requests in governor's budget report. 82-20.

Judicial; supreme court nominating commission; open meetings act. 82-254.

Lotteries; Indian gaming regulatory act. 91-119.

Governor's executive powers; judicial powers; community correctional services; parole; probation. 91-161.

Change in classification from third-class city to second-class city; governor's proclamation; authority to rescind. 94-64.

Confined animal feeding operations; environmental impact; contamination of soil and water; application and enforcement of federal and state laws; legislative authority. 98-2.

Board of governors of Kansas, Inc.; authority to delegate voting authority; what constitutes quorum. 2005-5.

Section requires governor to faithfully execute the laws. 2007-13.

CASE ANNOTATIONS

1. Legislative, executive and judicial departments of government, separate and distinct. Coleman v. Newby, 7 Kan. 82, 87.

2. Performance of purely ministerial duties of governor controlled by mandamus. Martin, Governor, v. Ingham, 38 Kan. 641, 645, 649, 17 P. 162.

3. Governor may require attorney general to examine witnesses under prohibitory law. The State, ex rel., v. Dawson, 86 Kan. 180, 187, 119 P. 360.

4. Appointive power of governor considered generally. Barrett v. Duff, 114 Kan. 220, 217 P. 918.

5. Duties of state finance council not encroachment upon powers of governor. State, ex rel., v. Fadely, 180 Kan. 652, 653, 670, 675, 683, 686, 308 P.2d 537.

6. Mentioned; 1972 amendment to article held properly submitted and adopted. Van Sickle v. Shanahan, 212 Kan. 426, 430, 511 P.2d 223.

7. Construed with other constitutional provisions in determining rejection of governor's appointment by senate lawful. Leek v. Theis, 217 Kan. 784, 795, 799, 539 P.2d 304.

8. Appointment of legislative members to state finance council not violative of separation of powers doctrine. State, ex rel., v. Bennett, 222 Kan. 12, 17, 564 P.2d 1281.

9. Governor not proper party defendant in school desegregation action. Brown v. Board of Educ. of Topeka, 892 F.2d 851, 887 (1989).

10. Cited in opinion Governor lacked legislative authority to bind state in negotiating with Kickapoo nation on gaming compact. State ex rel Stephan v. Finney, 251 Kan. 559, 571, 836 P.2d 1169 (1992).

11. Mentioned in opinion holding that Legislature violated separation of powers by directing attorney general to file funeral law challenge. State ex rel. Morrison v. Sebelius, 285 Kan. 875, 908, 179 P.3d 366 (2008).