American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
It was therefore established that every state should name a certain
number of electors,[138] who in their turn should elect the president;
and as it had been observed that the assemblies to which the choice of
a chief magistrate had been intrusted in elective countries, inevitably
became the centres of passion and of cabal; that they sometimes usurped
an authority which did not belong to them: and that their proceedings,
or the uncertainty which resulted from them, were sometimes prolonged so
much as to endanger the welfare of the state, it was determined that the
electors should all vote upon the same day, without being convoked to
the same place.[139] This double election rendered a majority probable,
though not certain; for it was possible that as many differences might
exist between the electors as between their constituents. In this case
it was necessary to have recourse to one of three measures; either
to appoint new electors, or to consult a second time those already
appointed, or to defer the election to another authority. The first
two of these alternatives, independently of the uncertainty of their
results, were likely to delay the final decision, and to perpetuate
an agitation which must always be accompanied with danger. The third
expedient was therefore adopted, and it was agreed that the votes should
be transmitted sealed to the president of the senate, and that they
should be opened and counted in the presence of the senate and the house
of representatives. If none of the candidates has a majority, the house
of representatives then proceeds immediately to elect the president; but
with the condition that it must fix upon one of the three candidates who
have the highest numbers.[140]
Thus it is only in case of an event which cannot often happen, and which
can never be foreseen, that the election is intrusted to the ordinary
representatives of the nation; and even then they are obliged to choose
a citizen who has already been designated by a powerful minority of the
special electors. It is by this happy expedient that the respect due to
the popular voice is combined with the utmost celerity of execution
and those precautions which the peace of the country demands. But
the decision of the question by the house of representatives does not
necessarily offer an immediate solution of the difficulty, for the
majority of that assembly may still be doubtful, and in this case the
constitution prescribes no remedy. Nevertheless, by restricting the
number of candidates to three, and by referring the matter to the
judgment of an enlightened public body, it has smoothed all the
obstacles[141] which are not inherent in the elective system.
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