The Limited Role of the County and State Legislative/Executive Powers

Key Insight

The American county functions primarily as an administrative construct, analogous to a French arrondissement, created for practical reasons like justice administration. Its limits are arbitrary, lacking the communal bonds or affection seen in towns. Each county typically hosts a court of justice, a sheriff, and a prison. In states like Massachusetts, county affairs are overseen by officials appointed by the state governor and his council, wielding specific, limited powers, with the county budget requiring approval from the state legislature.

Due to its administrative focus, the county largely lacks political existence; routine matters are handled by state or town entities. While American constitutions often divide executive power, they tend to concentrate legislative power. The inherent vitality of New England towns contrasts with the county, which would require artificial means to achieve similar political life, a utility not immediately apparent to lawmakers. All towns are ultimately represented through the state, the central repository of national powers.

State legislative power is bicameral, comprising a Senate and a House of Representatives. The Senate typically holds longer terms (2 to 3 years) than the House (around 1 year) and participates in administrative (official selection) and judicial (political offenses, civil cases) functions, in addition to legislation. This division aims to moderate legislative speed and create an appellate review system for laws, a necessity historically proven. The state's executive power is embodied by the governor, an elected official with a short term (1 to 2 years), making him dependent on the majority. The governor serves as a moderator to the legislature, holds a suspensive veto, directs state-wide initiatives, and commands the militia, yet plays only a very indirect role in town and county administration.