Jan Brewer (left)Arizona Secretary of State Jan Brewer had to wait 4.5 years, but she finally claimed the powers of governor Tuesday while Janet Napolitano is traveling out of the state.Capitol Media Services reported this afternoon that Brewer declared herself acting governor, with Napolitano’s blessing, in order to sign an emergency declaration dealing with a devastating wash flood in southeast Arizona.Napolitano, a Democrat, and Brewer, a Republican, have disagreed on who is in charge of the state when Napolitano travels ever since two women first took their respective offices in 2003. The Arizona Constitution says the secretary of state assumes the duties of governor whenever the actual governor is out of the state. The provision was written when horses, carriages, and trains were the predominant ways to get around the West and it could take days for a traveling governor to return to the Capitol in an emergency.The language seems somewhat outdated in an age of cell phones, faxes and video conferences. So Napolitano’s office, relying on formal legal advice from her general counsel Tim Nelson, have always acted as if she’s in charge no matter where she goes. And she travels a lot. On at least one occasion, she even issued an executive order while representing the state on a business trip to Mexico.But the constitution never has been updated; even though the Legislature can refer amendments to voters every two years. Brewer has suggested to reporters that Napolitano should formally transfer power to her while on a trip. Brewer also has said she was prepared to automatically assume control if critical decisions with gubernatorial authority were needed.To the credit of both politicians, they never have allowed this philosophical dispute to interfere with governance of the state. I have seen evidence that Napolitano’s office waits until the last possible moment to inform Brewer when Napolitano is leaving (I am talking mere minutes before Napolitano boards a plane at Phoenix Sky Harbor International Airport). It would appear Napolitano’s staff wants to discourage Brewer from contemplating any mischief by giving her more warning. By good planning or sheer luck (or maybe a combination of both), this hasn’t created any problems.It just so happens that Napolitano is in Italy this week on vacation. She wisely saw no reason to start a constitutional crisis over a goal she and Brewer both share, getting aid quickly to people threatened by the bad weather.So Brewer can now call out the National Guard, bring the Legislature into special session or declare a "Be Kind to Red Elephants" day.At least until Napolitano crosses the Arizona border on the next available flight from Italy.

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