American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
[The question of the propriety of leaving the president re-eligible,
is one of that class which probably must for ever remain undecided. The
author himself, at page 125, gives a strong reason for re-eligibility,
"so that the chance of a prolonged administration may inspire him with
hopeful undertakings for the public good, and with the means of carrying
them into execution,"--considerations of great weight. There is an
important fact bearing upon this question, which should be stated in
connexion with it. President Washington established the practice of
declining a third election, and every one of his successors, either from
a sense of its propriety or from apprehensions of the force of public
opinion, has followed the example. So that it has become as much a
part of the constitution, that no citizen can be a third time elected
president, as if it were expressed in that instrument in words. This may
perhaps be considered a fair adjustment of objections on either side.
Those against a continued and perpetual re-eligibility are certainly
met: while the arguments in favor of an opportunity to prolong an
administration under circumstances that may justify it, are allowed
their due weight. One effect of this practical interpolation of the
constitution unquestionably is, to increase the chances of a president's
being once re-elected; as men will be more disposed to acquiesce in a
measure that thus practically excludes the individual from ever again
entering the field of competition.--_American Editor_]
* * * * *
FEDERAL COURTS.[142]
Political Importance of the Judiciary in the United States.--Difficulty
of treating this Subject.--Utility of judicial Power in
Confederations--What Tribunals could be introduced into
the Union.--Necessity of establishing federal Courts of
Justice.--Organization of the national Judiciary.--The Supreme
Court.--In what it differs from all known Tribunals.
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