American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The president is chosen for four years, and he may be re-elected; so
that the chances of a prolonged administration may inspire him with
hopeful undertakings for the public good, and with the means of carrying
them into execution. The president was made the sole representative of
the executive power of the Union; and care was taken not to render his
decisions subordinate to the vote of a council--a dangerous measure,
which tends at the same time to clog the action of the government and
to diminish its responsibility. The senate has the right of annulling
certain acts of the president; but it cannot compel him to take any
steps, nor does it participate in the exercise of the executive power.
The action of the legislature on the executive power may be direct; and
we have just shown that the Americans carefully obviated this influence;
but it may, on the other hand, be indirect. Public assemblies which have
the power of depriving an officer of state of his salary, encroach upon
his independence; and as they are free to make the laws, it is to be
feared lest they should gradually appropriate to themselves a portion
of that authority which the constitution had vested in his hands. This
dependence of the executive power is one of the defects inherent in
republican constitutions. The Americans have not been able to counteract
the tendency which legislative assemblies have to get possession of the
government, but they have rendered this propensity less irresistible.
The salary of the president is fixed, at the time of his entering
upon office, for the whole period of his magistracy. The president is,
moreover, provided with a suspensive veto, which allows him to oppose
the passing of such laws as might destroy the portion of independence
which the constitution awards him. The struggle between the president
and the legislature must always be an unequal one, since the latter is
certain of bearing down all resistance by persevering in its plans; but
the suspensive veto forces it at least to reconsider the matter, and,
if the motion be persisted in, it must then be backed by a majority of
two-thirds of the whole house. The veto is, in fact, a sort of appeal
to the people. The executive power, which, without this security, might
have been secretly oppressed, adopts this means of pleading its
cause and stating its motives. But if the legislature is certain of
overpowering all resistance by persevering in its plans, I reply, that
in the constitutions of all nations, of whatever kind they may be, a
certain point exists at which the legislator is obliged to have recourse
to the good sense and the virtue of his fellow-citizens. This point
is more prominent and more discoverable in republics, while it is more
remote and more carefully concealed in monarchies, but it always exists
somewhere. There is no country in the world in which everything can be
provided for by the laws, or in which political institutions can prove a
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