American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The facts show how rare and how difficult it is rationally and logically
to combine all the several parts of legislation. In the course of time
different interests arise, and different principles are sanctioned by
the same people; and when a general constitution is to be established,
these interests and principles are so many natural obstacles to the
rigorous application of any political system, with all its consequences.
The early stages of national existence are the only periods at which it
is possible to maintain the complete logic of legislation; and when we
perceive a nation in the enjoyment of this advantage, before we hasten
to conclude that it is wise, we should do well to remember that it
is young. When the federal constitution was formed, the interest of
independence for the separate states, and the interest of union for
the whole people, were the only two conflicting interests which existed
among the Anglo-Americans; and a compromise was necessarily made between
them.
It is, however, just to acknowledge that this part of the constitution
has not hitherto produced those evils which might have been feared. All
the states are young and contiguous; their customs, their ideas, and
their wants, are not dissimilar; and the differences which result from
their size or inferiority do not suffice to set their interests at
variance. The small states have consequently never been induced to
league themselves together in the senate to oppose the designs of the
larger ones; and indeed there is so irresistible an authority in the
legitimate expression of the will of a people, that the senate could
offer but a feeble opposition to the vote of the majority of the house
of representatives.
It must not be forgotten, on the other hand, that it was not in the
power of the American legislators to reduce to a single nation the
people for whom they were making laws. The object of the federal
constitution was not to destroy the independence of the states, but
to restrain it. By acknowledging the real authority of these secondary
communities (and it was impossible to deprive them of it), they
disavowed beforehand the habitual use of constraint in enforcing the
decisions of the majority. Upon this principle the introduction of the
influence of the states into the mechanism of the federal government was
by no means to be wondered at; since it only attested the existence
of an acknowledged power, which was to be humored, and not forcibly
checked.
* * * * *
A FARTHER DIFFERENCE BETWEEN THE SENATE AND THE HOUSE OF
REPRESENTATIVES.
The Senate named by the provincial Legislature--the Representatives,
by the People.--Double Election of the Former--Single Election of the
Latter.--Term of the different Offices.--Peculiar Functions of each
House.
Public-domain text, read in full here on John Shaqi.
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