Administration in New England - Detailed Study Notes

European travellers often notice the lack of visible government authority in the United States.
While written laws exist and are enforced, the driving force behind societal structure seems absent.

Essential Nature of Authority: All communities need some form of authority to sustain themselves; without it, they risk anarchy.
- Authority can be dissipated in two principal ways:
1. Weaken supreme power: Creating freedom by preventing society from acting in self-defense.
2. Distributing authority: Multiple functionaries are given specific powers to reduce the concentration of authority.
The result of this distribution is a less potent but still existing authority, rather than a total lack of governance.

The revolution reflects a desire for freedom rooted in lawful and orderly conduct rather than impulsive independence.
Citizens are seen as having multiple social obligations, countering the notion that they can act on a whim.
In America, the law is absolute and widely understood; its application is handled by numerous officials.

U.S. administrative law lacks a central hierarchical structure, making its authority subtle and less visible.
Local Autonomy: Independent townships in New England manage their interests, often through municipal magistrates who execute state laws.
- General Laws vs. Local Regulations: States create general laws, but local authorities adapt these laws to their specific needs.
Municipal magistrates are responsible for unforeseen societal issues without needing delegated powers.

In Massachusetts, administrative authority largely lies within townships, differing significantly from structures in France that typically concentrate power in a single official (e.g., the Maire).
Local officials operate independently within the jurisdiction as defined by law.
Limited Interference: The county authorities can revise township decisions but generally do not interfere unless specific issues arise.
Communication with Central Government: Minimal communication is required between local and state levels, only in select cases to inform about actions taken.

New England's legislative reach is broader than that of France, allowing deeper penetration into administrative matters.
Laws cover detailed aspects of governance, establishing stringent obligations for local functionaries.
The challenge remains in enforcing compliance among secondary officials.
- Enforcement Methods:
1. Empowering superior officials with oversight and dismissal authority.
2. Judicial penalties for non-compliance, though challenges arise since elected officials cannot be easily removed.

Judicial Supervision: Courts act as mediators, ensuring elected officials comply without infringing on electoral rights.
As more officials are elected, the parallel expansion of judicial power is critical to prevent disorder or tyranny.
Justices of the Peace: A unique aspect of American governance borrowed from English tradition; they bridge the gap between magistrate and citizen.
- Their responsibility includes executing police regulations with public integrity and accountability.

Composed of select justices appointed by the governor, serves dual roles — administrative and political tribunal functions.
The court can enforce compliance from public officials, addressing issues impacting multiple townships.
While it operates administratively for county affairs, it functions as a judicial body regarding township matters.

Township governance poses challenges for compliance, especially when local officials resist legal obligations.
- Townships face fines for neglecting duties like appointing assessors or maintaining roads.
Indirect Enforcement: Officials like town surveyors can levy necessary supplies against defaulting townships, ensuring compliance through indirect means.
- For example, if funds for road maintenance are not allocated, town surveyors have authority to take corrective action.

Issues of Performance: Courts can only penalize for outright neglect or unlawful actions, leaving less visible faults (e.g., apathy) largely unchecked.
The Court of Sessions cannot deeply inspect officers' day-to-day compliance since it sits only bi-annually, aggravating enforcement issues.
- The system is designed so that if officials perform their duties with insufficient zeal or competence, they cannot be compelled to improve.

The administrative framework in New England highlights distinct governmental approaches to maintain order while allowing local autonomy.
While elective positions reduce centralized control, they introduce the need for robust judicial oversight to ensure accountability and prevent anarchy or despotism.