The job of the executive

When Stanley "Tookie" Williams was executed by the State of California a couple of weeks ago there were the expected protests. One such came from the leadership of the city of Graz, Austria, hometown of California Governor Arnold Schwarzenegger. Politicians in the city who oppose the death penalty launched a petition drive to remove Schwarzenegger's name from the city's sports stadium. In response, the Governor sent a letter to the city's mayor, "telling him that he is rescinding the city's right to use his name, effective immediately." In addition, he is returning the city's ring of honor that he received in 1999.

This situation nicely illustrates a point which a lot of people don't understand about how the different branches of government work. To begin, here are a couple of excerpts of the above-linked article with additional emphasis added by yours truly:

Death penalty opponents argued the prisoner's authoring nine children's books detailing the dangers of gang life meant he deserved to have his sentence commuted to life in prison. Schwarzenegger said he found no legal grounds for changing the sentence, particularly since Williams did not show any remorse for the killings.

...

"I rejected the clemency plea of a rightfully condemned four-time murderer after thorough review and as a result, he was executed according to the laws of the state," Schwarzenegger wrote.

Article 5, Section 8, subsection a of the California State Constitution provides the Governor's power to affect criminal sentences:

Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring.

Just as the President is the chief executive of the Federal Government, the Governor is the chief executive of the State Government. Their job is to implement the law, not create or negate it. The people of California, as represented by the state legislature, have decided that certain crimes merit the ultimate sanction. Williams was convicted of such a crime, the sentence was handed down, and it was carried out. People who oppose the death penalty doubtless want the Governor to commute every death sentence that comes to him for review. He theoretically has the power to do this, but from the quotes above it's clear that he understands that doing so would be defying the will of the people and an abuse of power. He understands that it would be de facto outlawing the death penalty and, regardless of his personal opinion of whether or not the death penalty should be legal, it is not his place to override the legislature.