This has prompted plenty of people to ask: what was he thinking?Most states grant governors the unconditional right to pardon criminals or commute sentences, just as article II, section 2 of the constitution allows the president to do the same for those convicted of federal crimes.
Under the original constitutional provision, state legislatures filled vacancies when a Senator left office before the end of the term; the Seventeenth Amendment provides that state legislatures can grant governors the right to make temporary appointments, which last until a special election is provided to fill the seat.
In March 1995, a state panel issued a harshly critical review, leading the State Legislature to grant Governor Pataki's request for intervention.
Mr. Paterson has argued that state law grants governors the authority to fill a vacant position if no law specifies how that position is to be filled.
As states are forced to ration finite resources under a block grant, governors and legislators would be forced to choose among three very compelling groups of beneficiaries.
Pataki administration officials, speaking on the condition of anonymity, said today that it was the Legislature's decision last fall granting the governor the ability to negotiate deals for six new Indian casinos that finally made the tentative agreement possible.
However, each state has laws granting the governor exceptional executive powers.
In Russia in the late 1990's, Boris N. Yeltsin granted the governors of the provinces wide-ranging powers to preserve their loyalty to the center.
Pardons are granted by governors across the country, especially departing chief executives like Mr. Richardson, who has served eight years in office and is prevented by term limits from running again.
Depending on the state, pardons can be granted by governors, legislatures or state pardon boards.
