American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
In Spain certain provinces had the right of establishing a system of
customhouse duties peculiar to themselves, although that privilege
belongs, by its very nature, to the national sovereignty. In America the
congress alone has the right of regulating the commercial relations
of the states. The government of the confederation is therefore more
centralized in this respect than the kingdom of Spain. It is true that
the power of the crown in France or in Spain was always able to obtain
by force whatever the constitution of the country denied, and that the
ultimate result was consequently the same; and I am here discussing the
theory of the constitution.
* * * * *
FEDERAL POWERS.
After having settled the limits within which the federal government
was to act, the next point was to determine the powers which it was to
exert.
* * * * *
LEGISLATIVE POWERS.
Division of the legislative Body into two Branches.--Difference in the
Manner of forming the two Houses.--The Principle of the Independence of
the States predominates in the Formation of the Senate.--The Principle
of the Sovereignty of the Nation in the Composition of the House of
Representatives.--Singular Effects of the Fact that a Constitution can
only be Logical in the early Stages of a Nation.
The plan which had been laid down beforehand for the constitution of the
several states was followed, in many points, in the organization of the
powers of the Union. The federal legislature of the Union was composed
of a senate and a house of Representatives. A spirit of conciliation
prescribed the observance of distinct principles in the formation of
each of these two assemblies. I have already shown that two contrary
interests were opposed to each other in the establishment of the federal
constitution. These two interests had given rise to two opinions. It was
the wish of one party to convert the Union into a league of independent
states, or a sort of congress, at which the representatives of the
several peoples would meet to discuss certain points of their common
interests. The other party desired to unite the inhabitants of the
American colonies into one sole nation, and to establish a government,
which should act as the sole representative of the nation, as far as the
limited sphere of its authority would permit. The practical consequences
of these two theories were exceedingly different.
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