American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The first cause of inferiority results from the nature of things, but it
is not the only one; the second in importance is as follows: sovereignty
may be defined to be the right of making laws: in France, the king
really exercises a portion of the sovereign power, since the laws have
no weight till he has given his assent to them; he is moreover the
executor of all they ordain. The president is also the executor of the
laws, but he does not really co-operate in their formation, since the
refusal of his assent does not annul them. He is therefore merely to be
considered as the agent of the sovereign power. But not only does
the king of France exercise a portion of the sovereign power, he also
contributes to the nomination of the legislature, which exercises the
other portion. He has the privilege of appointing the members of one
chamber, and of dissolving the other at his pleasure; whereas the
president of the United States has no share in the formation of the
legislative body, and cannot dissolve any part of it. The king has the
same right of bringing forward measures as the chambers; a right which
the president does not possess. The king is represented in each assembly
by his ministers, who explain his intentions, support his opinions,
and maintain the principles of the government. The president and his
ministers are alike excluded from congress; so that his influence and
his opinions can only penetrate indirectly into that great body. The
king of France is therefore on an equal footing with the legislature,
which can no more act without him, than he can without it. The president
exercises an authority inferior to, and depending upon, that of the
legislature.
Even in the exercise of the executive power, properly so called, the
point upon which his position seems to be almost analogous to that
of the king of France--the president labors under several causes of
inferiority. The authority of the king, in France, has, in the first
place, the advantage of duration over that of the president: and
durability is one of the chief elements of strength; nothing is either
loved or feared but what is likely to endure. The president of the
United States is a magistrate elected for four years. The king, in
France, is an hereditary sovereign.
In the exercise of the executive power the president of the United
States is constantly subject to jealous scrutiny. He may make, but he
cannot conclude a treaty; he may designate, but he cannot appoint, a
public officer.[135] The king of France is absolute in the sphere of the
executive power.
The president of the United States is responsible for his actions; but
the person of the king is declared inviolable by the French charter.
Public-domain text, read in full here on John Shaqi.
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