American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
In absolute governments no utility can accrue from the introduction of
extraordinary forms of procedure; the prince, in whose name an offender
is prosecuted, is as much the sovereign of the courts of justice as of
everything else, and the idea which is entertained of his power is of
itself a sufficient security. The only thing he has to fear is, that the
external formalities of justice may be neglected, and that his authority
may be dishonored, from a wish to render it more absolute. But in
most free countries, in which the majority can never exercise the same
influence upon the tribunals as an absolute monarch, the judicial
power has occasionally been vested for a time in the representatives of
society. It has been thought better to introduce a temporary confusion
between the functions of the different authorities, than to violate the
necessary principle of the unity of government.
England, France, and the United States, have established this political
jurisdiction in their laws; and it is curious to examine the different
use which these three great nations have made of the principle. In
England and in France the house of lords and the chambre des pairs
constitute the highest criminal court of their respective nations; and
although they do not habitually try all political offences, they are
competent to try them all. Another political body enjoys the right of
impeachment before the house of lords: the only difference which exists
between the two countries in this respect is, that in England the
commons may impeach whomsoever they please before the lords, while in
France the deputies can only employ this mode of prosecution against the
ministers of the crown.
In both countries the upper house make use of all the existing penal
laws of the nation to punish the delinquents.
In the United States, as well as in Europe, one branch of the
legislature is authorized to impeach, and another to judge: the house
of representatives arraigns the offender, and the senate awards his
sentence. But the senate can only try such persons as are brought before
it by the house of representatives, and those persons must belong to the
class of public functionaries. Thus the jurisdiction of the senate is
less extensive than that of the peers of France, while the right of
impeachment by the representatives is more general than that of the
deputies. But the great difference which exists between Europe and
America is, that in Europe political tribunals are empowered to inflict
all the dispositions of the penal code, while in America, when they
have deprived the offender of his official rank, and have declared
him incapable of filling any political office for the future, their
jurisdiction terminates and that of the ordinary tribunals begins.
Public-domain text, read in full here on John Shaqi.
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