Even a governor’s formal power is limited against recalcitrant agencies

Evidence

Mrs. Moskowitz made clear that the commission wouldn’t proceed along any such lines. In the first place, she said, many of the agencies regarded themselves as independent of the Governor; an order he gave them might be disobeyed. Even if it was obeyed, it could cause hard feelings and the Governor didn’t want hard feelings; he wanted reform. He had only two years to make a start on it, and he was going to have plenty of trouble no matter how he went about it. He didn’t want any more than was absolutely necessary. The commission must be very careful not to stir up any that could possibly be avoided. And not only did Moses, once so impatient and impolitic, become a model of discretion on his trips to Albany, talking only to men to whom Smith’s aides could introduce him as a friend; to his staffers he repeated over and over, in urgent, handwritten notes: “Be careful. Remember that we must not embarrass the Governor.” — Robert A. Caro, The Power Broker, 431

Categorization

• XREF: connects to: The ultimate authority is only the sum of its interpreting officials — Mark Fisher, Capitalist Realism: Is There No…, 100; Governors defer to officials who can actually get big things done — Robert A. Caro, The Power Broker: Robert Moses and the…, 1405; Appointed authority officials are immune to public and electoral pressure — Robert A. Caro, The Power Broker: Robert Moses and the…, 4516 (+7 more)

Broader Connections

• An agency cannot achieve through regulation what Congress declined to legislate #corroborates (0.82) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2444
• Legislative supremacy over local governments is limited in practice by politics, not law. #corroborates (0.80) — Lawrence M. Friedman and Grant M. Hayden, American Law, 444
• Appointed authority officials are immune to public and electoral pressure #expands (0.78) — Robert A. Caro, The Power Broker, 4516
• Efficient-government ideals yield to patronage realities when a governor needs legislative support #exemplifies (0.78) — Robert A. Caro, The Power Broker, 423
• Legislative power is inherently limited to the common good and standing law #qualifies (0.72) — John Locke, Second Treatise of Government, 158
• All official power is limited by a general prohibition against arbitrariness. #corroborates (0.72) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2891
• Political power is lawmaking backed by force and limited to the public good #qualifies (0.72) — John Locke, Second Treatise of Government, 7
• Narrow concepts of legal validity fail to prevent official abuse of power #corroborates (0.72) — HLA Hart, The Concept of Law (Clarendon Law…, 502
• Governors defer to officials who can actually get big things done #corroborates (0.70) — Robert A. Caro, The Power Broker, 1405