Tucker v. State

Tucker v. State of Indiana [218 Ind. 614, 35 NE2d 270 (1941)] was a landmark decision case by the Indiana Supreme Court that ruled that the Governor of Indiana is the chief executive of the State of Indiana and that the Indiana General Assembly has no authority to delegate or regulate authority that was granted to that office by the Constitution of Indiana. Until the decision by the court, it was held by the General Assembly that it could delegate and revoke executive authority at will.

Background

The state of Indiana has historically had a weak executive branch and a strong legislature, from its original state constitution and the restrictions placed on the office by the anti-governor faction in the constitutional convention, which resented the powers of the territorial governors.^[1] The governorship remained a weak position until the American Civil War, when the governor suppressed the legislature and took on unconstitutional powers. In the years after the war, the legislature removed much of the authority and greatly weakened his position, by placing regulations on the office and removing its authority to appoint state officers and hire public employees.

The situation continued until 1933, when the Democratic-controlled legislature passed the Executive Reorganization Act to grant to governor expansive powers over the burgeoning Great Depression government bureaucracy.^[2] When Republicans resumed power in 1941, they immediately repealed the act and put in place the State Administration Act of 1941 to return the governor to his pre-Depression level of power. The act reorganized the government into five departments, under the control of commissioners.^[3]

Case

Democratic Governor Henry F. Schricker filed a suit against the law after its passage and was able to have the law stayed. Republican Indiana Secretary of State James M. Tucker filed a countersuit claiming the circuit courts had no authority to stay an act of the legislature and appealed the decision to the Indiana Supreme Court.

Decision

The court at that time had four Democrats and one Republican. The court ruled in favor of the governor in a 4-1 decision, along straight party lines. It decided that the governor is in fact the chief executive of the state, and the legislature could not revoke his powers or delegate them if they were expressly granted to him in the state constitution.

Significance

The decision was noted because until then, the legislature had freely regulated the powers of the governor. The court created, for the first time, a legal basis for the governor to assume power in areas previously delegated to other officials. The decision remains an important factor in the state’s patronage system.^[3]

References

Notes

↑ Gugin, Linda; St. Clair, James E, eds. (2006). The Governors of Indiana. Indianapolis, Indiana: Indiana Historical Society Press. p. 18. ISBN 0-87195-196-7.
↑ Gugin, p. 19
1 2 Gugin, p. 304

Bibliography

Gugin, Linda C.; St. Clair, James E, eds. (2006). The Governors of Indiana. Indianapolis, Indiana: Indiana Historical Society Press. ISBN 0-87195-196-7.

History of Indiana

Early history	Clovis Adena Hopewell Mississippian Beaver Wars European contact La Salle Expeditions French Rule

1700–1799	Vincennes Fort Miamis Ouiatenon French and Indian War British Rule Pontiac's War American Revolution George Rogers Clark Illinois campaign Clark's Grant Northwest Territory Northwest Indian War Petit Fort

1800–1816	Indiana Territory Buffalo Trace Treaty of Vincennes Johnny Appleseed Treaty of Grouseland Indiana Rangers Tecumseh's War Battle of Tippecanoe War of 1812 Abolitionist movement Harmony 1st Indiana Canal Company Constitutional Convention

1817–1899	Statehood Polly v. Lasselle Treaty of St. Mary's Indian Removals Bank of Indiana 2nd Indiana Canal Company Whitewater Canal Wabash and Erie Canal Public Works and Bankruptcy Underground Railroad Mexican-American War New Constitution Civil War Golden Age Eli Lilly & Company Reno Gang Gas boom Black Day of the General Assembly Indiana Pi Bill Golden Age of Literature

1900–1999	White Caps Elwood Haynes Indianapolis Motor Speedway World War I Indianapolis strike and riots Samuel Woodfill Indiana Klan Great Depression John Dillinger World War II Freeman Field Mutiny Shipp & Smith lynchings Flood of 1937 Supreme Court Reorganization

Since 2000	Flood of 2008

By topic	Auto Racing Battles Disasters Economy Elections General Assembly Governors Historic Sites People Historical Political Strength Native Americans Slavery

By city and locale	Evansville Fort Wayne Gary Hartford City Indianapolis Lafayette Lake Wawasee South Bend Terre Haute

See also: History of the United States, History of the Midwestern United States and Portal:Indiana WikiProject Indiana's History Department

Government of Indiana

Indiana Statehouse Indianapolis (capital)

Executive	Governor Previous Governors Lieutenant Governor Attorney General Auditor Secretary of State Treasurer Superintendent of Public Instruction

Legislature	General Assembly Senate House of Representatives Speaker of the House

Judiciary	Supreme Court Court of Appeals Tax Court Circuit Court Judicial Nominating Commission

Departments	Administration Education Environmental Management Health Natural Resources State Police Transportation

Local government	County government Township government City government Town government

Law	Constitution Indiana Code Indiana Day Taxation

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