American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The main object of the political jurisdiction which obtains in the
United States is, therefore, to deprive the citizen of an authority
which he has used amiss, and to prevent him from ever acquiring it
again. This is evidently an administrative measure sanctioned by the
formalities of judicial investigation. In this matter the Americans have
created a mixed system: they have surrounded the act which removes a
public functionary with the securities of a political trial; and they
have deprived all political condemnations of their severest penalties.
Every link of the system may easily be traced from this point; we at
once perceive why the American constitutions subject all the civil
functionaries to the jurisdiction of the senate, while the military,
whose crimes are nevertheless more formidable, are exempt from that
tribunal. In the civil service none of the American functionaries can
be said to be removeable; the places which some of them occupy are
inalienable, and the others derive their rights from a power which
cannot be abrogated. It is therefore necessary to try them all in order
to deprive them of their authority. But military officers are
dependent on the chief magistrate of the state, who is himself a civil
functionary; and the decision which condemns him is a blow upon them
all.
If we now compare the American and European systems, we shall meet with
differences no less striking in the different effects which each of them
produces or may produce. In France and in England the jurisdiction of
political bodies is looked upon as an extraordinary resource, which is
only to be employed in order to rescue society from unwonted dangers.
It is not to be denied that these tribunals, as they are constituted in
Europe, are apt to violate the conservative principle of the balance of
power in the state, and to threaten incessantly the lives and liberties
of the subject. The same political jurisdiction in the United States is
only indirectly hostile to the balance of power; it cannot menace the
lives of the citizens, and it does not hover, as in Europe, over the
heads of the community, since those only who have before-hand submitted
to its authority upon accepting office are exposed to its severity. It
is at the same time less formidable and less efficacious; indeed, it has
not been considered by the legislators of the United States as a remedy
for the more violent evils of society, but as an ordinary means of
conducting the government. In this respect it probably exercises more
real influence on the social body in America than in Europe. We must not
be misled by the apparent mildness of the American Legislation in all
that relates to political jurisdiction. It is to be observed, in
the first place, that in the United States the tribunal which passes
sentence is composed of the same elements, and subject to the same
influences, as the body which impeaches the offender, and that this
uniformity gives an almost irresistible impulse to the vindictive
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