By Constitution Staff

Citing as her "authority" as Sections 1 and 2 of Article VI of the Oklahoma Constitution, Governor Mary Fallin has issued an executive order to ban the "use of any electronic cigarette or vaping device" on "any and all properties owned, leased or contracted for use by the State of Oklahoma, including but not limited to all buildings, land and vehicles owned, leased or contracted for use by agencies or instrumentalities of the State of Oklahoma."

Fallin decided not to apply her order to residents of the Veteran's Affairs Residential Facilities "while at those facilities."

The executive order took effect on January 1, 2014.

In her order, Fallin noted her 2012 order which prohibited the use of any tobacco product on state property. "The goal of this Executive Order was to provide for a healthier work environment, encourage healthier lifestyle choices for state employees and protect visitors to state property."

Fallin conceded that "we still do not know the potential long-term health effects associated with these devices," but she stated that the "vapor produced from these devices can release chemicals such as nicotine and other tobacco related contaminants, including tobacco-specific nitrosamines and formaldehyde. Because the secondhand vapor contains chemicals, it can impact bystanders."

Another concern for Fallin was that "many electronic cigarettes and vaping devices look like traditional cigarettes and emit a vapor that looks like cigarette smoke."

Of particular concern to Fallin was that these devices are "unregulated." She praised the "over 100 worksites across Oklahoma" that have "voluntarily prohibited the use of these devices on their property."

Much of what Governor Fallin is doing with this executive order sounds more like an act of a legislative body, but she cited as her "authority" Sections 1 and 2 of Article VI of the Oklahoma Constitution for her acting on her own.

So, what do we find in Sections 1 and 2 of Article VI?

In Section 1, we find that, "The Executive authority of the state shall be vested in a Governor," and in other elected officers, such as the attorney general, each of whom "shall perform such duties as may be designated in this Constitution or prescribed by law."

Then, in Section 2, the state Constitution states, "The Supreme Executive power shall be vested in a Chief Magistrate, who shall be styled "The Governor of the State of Oklahoma."

That is what Governor Fallin cited as her authority to ban e-cigarettes from state property, without any legislation passed by the Oklahoma Legislature banning e-cigarettes from state property.

In the The New International Webster's Collegiate Dictionary of the English Language, an executive of a government is defined as follows: An official who is "charged with the administration of laws and affairs of a nation or state." Therefore, an executive, like a governor or a president is supposed to administer the laws.

This is the authority cited by Governor Mary Fallin in her executive order, that she is the executive authority of the state, and executive power is vested in her as "chief magistrate." Oh, and that her title is, "The Governor of the State of Oklahoma."

Back in 1998, Paul Begala had this to say about President Clinton's use of executive orders to make public policy: "Stroke of the pen. Law of the land. Kinda cool."