American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Suppose, for instance, that the president of the United States has
committed the crime of high treason; the house of representatives
impeaches him, and the senate degrades him; he must then be tried by
a jury, which alone can deprive him of his liberty or his life. This
accurately illustrates the subject we are treating. The political
jurisdiction which is established by the laws of Europe is intended to
try great offenders, whatever may be their birth, their rank, or their
powers in the state; and to this end all the privileges of the courts
of justice are temporarily extended to a great political assembly. The
legislator is then transformed into a magistrate: he is called upon to
admit, to distinguish, and to punish the offence; and as he exercises
all the authority of a judge, the law restricts him to the observance
of all the duties of that high office, and of all the formalities of
justice. When a public functionary is impeached before an English or a
French political tribunal, and is found guilty, the sentence deprives
him _ipso facto_ of his functions, and it may pronounce him to be
incapable of resuming them or any others for the future. But in this
case the political interdict is a consequence of the sentence, and not
the sentence itself. In Europe the sentence of a political tribunal
is therefore to be regarded as a judicial verdict, rather than as an
administrative measure. In the United States the contrary takes place;
and although the decision of the senate is judicial in its form, since
the senators are obliged to comply with the practices and formalities of
a court of justice; although it is judicial in respect to the motives on
which it is founded, since the senate is in general obliged to take an
offence at common law as the basis of its sentence; nevertheless the
object of the proceeding is purely administrative.
If it had been the intention of the American legislator to invest a
political body with great judicial authority, its action would not
have been limited to the circle of public functionaries, since the most
dangerous enemies of the state may be in the possession of no functions
at all; and this is especially true in republics, where party favor is
the first of authorities, and where the strength of many a leader is
increased by his exercising no legal power. If it had been the intention
of the American legislator to give society the means of repressing state
offences by exemplary punishment, according to the practice of ordinary
judgment, the resources of the penal code would all have been placed at
the disposal of the political tribunals. But the weapon with which
they are intrusted is an imperfect one, and it can never reach the most
dangerous offenders; since men who aim at the entire subversion of the
laws are not likely to murmur at a political interdict.
Public-domain text, read in full here on John Shaqi.
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