American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The external relations of a people may be compared to those of private
individuals, and they cannot be advantageously maintained without the
agency of the single head of a government. The exclusive right of making
peace and war, of concluding treaties of commerce, of raising armies,
and equipping fleets, was therefore granted to the Union.[127] The
necessity of a national government was less imperiously felt in the
conduct of the internal affairs of society; but there are certain
general interests which can only be attended to with advantage by a
general authority. The Union was invested with the power of controlling
the monetary system, of directing the post-office, and of opening the
great roads which were to establish communication between the different
parts of the country.[128] The independence of the government of each
state was formally recognized in its sphere; nevertheless the federal
government was authorized to interfere in the internal affairs of the
states[129] in a few predetermined cases, in which an indiscreet abuse
of their independence might compromise the security of the Union at
large. Thus, while the power of modifying and changing their legislation
at pleasure was preserved in all the republics, they were forbidden
to enact _ex post facto_ laws, or to create a class of nobles in their
community.[130] Lastly, as it was necessary that the federal government
should be able to fulfil its engagements, it was endowed with an
unlimited power of levying taxes.[131]
In examining the balance of power as established by the federal
constitution; in remarking on the one hand the portion of sovereignty
which has been reserved to the several states, and on the other the
share of power which the Union has assumed, it is evident that the
federal legislators entertained the clearest and most accurate notions
on the nature of the centralisation of government. The United States
form not only a republic, but a confederation; nevertheless the
authority of the nation is more central than it was in several of the
monarchies of Europe when the American constitution was formed. Take,
for instance, the two following examples:--
Thirteen supreme courts of justice existed in France, which, generally
speaking, had the right of interpreting the law without appeal; and
those provinces, styled _pays d'etats_, were authorized to refuse
their assent to an impost which had been levied by the sovereign who
represented the nation.
In the Union there is but one tribunal to interpret, as there is one
legislature to make the laws; and an impost voted by the representatives
of the nation is binding upon all the citizens.
In these two essential points, therefore, the Union exercises more
central authority than the French monarchy possessed, although the Union
is only an assemblage of confederate republics.
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