West Virginia Constitution Article VII. Executive Department

West Virginia Constitution – Article VII: Executive Department

🔹 Overview:

Article VII of the West Virginia Constitution outlines the Executive Branch of the state government, establishing the roles, powers, duties, and selection of key executive officers such as the Governor, Secretary of State, Auditor, Treasurer, Attorney General, and Commissioner of Agriculture.

🔹 Key Sections and Provisions:

§1 – Executive Power:

Vests the executive power of the state in the Governor.

§2 – Election and Term:

The Governor is elected by the people.

Serves a four-year term.

Cannot serve more than two consecutive terms.

§3 – Governor’s Powers and Duties:

Enforce state laws.

Commander-in-chief of the state military forces (except when federalized).

May convene the Legislature.

May pardon, commute sentences, and grant reprieves, except in cases of treason and impeachment.

§4 – Messages to Legislature:

The Governor must provide the Legislature with information on the state’s condition and recommend measures.

§5 – Adjournment Power:

If the two houses of the Legislature disagree on adjournment, the Governor may adjourn them.

§6 – Commissioning of Officers:

The Governor commissions all officers of the state.

§7 – Filling Vacancies:

The Governor can fill vacancies in state offices unless otherwise provided by law.

§8 – Compensation:

The Governor receives a salary fixed by law and may not receive any other compensation during the term.

§9 – Oath of Office:

The Governor must swear an oath to support the U.S. and State Constitutions and to faithfully discharge duties.

§10 – Impeachment:

The Governor may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor.

§11 – Succession:

In case of vacancy or disability, the President of the Senate acts as Governor until the disability is removed or a new Governor is elected.

§12 – Other Executive Officers:

West Virginia also elects:

Secretary of State

State Treasurer

State Auditor

Attorney General

Commissioner of Agriculture

Each has separate constitutional offices with duties prescribed by law.

🔹 Significance:

Article VII establishes a strong but limited executive, with clear mechanisms for succession, accountability, and separation of powers. The inclusion of multiple independently elected executive officers reduces centralized control, fostering checks and balances within the executive branch.

 

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