American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
A federal government stands in greater need of the support of judicial
institutions than any other, because it is naturally weak, and opposed
to formidable opposition.[143] If it were always obliged to resort to
violence in the first instance, it could not fulfil its task. The Union,
therefore, required a national judiciary to enforce the obedience of the
citizens to the laws, and to repel the attacks which might be directed
against them. The question then remained what tribunals were to exercise
these privileges; were they to be intrusted to the courts of justice
which were already organized in every state? or was it necessary to
create federal courts? It may easily be proved that the Union could not
adapt the judicial power of the state to its wants. The separation
of the judiciary from the administrative power of the state, no doubt
affects the security of every citizen, and the liberty of all. But it
is no less important to the existence of the nation that these several
powers should have the same origin, should follow the same principles,
and act in the same sphere; in a word, that they should be correlative
and homogeneous. No one, I presume, ever suggested the advantage of
trying offences committed in France, by a foreign court of justice, in
order to ensure the impartiality of the judges. The Americans form one
people in relation to their federal government; but in the bosom of this
people divers political bodies have been allowed to subsist, which are
dependent on the national government in a few points, and independent
in all the rest--which have all a distinct origin, maxims peculiar to
themselves, and special means of carrying on their affairs. To intrust
the execution of the laws of the Union to tribunals instituted by these
political bodies, would be to allow foreign judges to preside over the
nation. Nay more, not only is each state foreign to the Union at
large, but it is in perpetual opposition to the common interests, since
whatever authority the Union loses turns to the advantage of the states.
Thus to enforce the laws of the Union by means of the tribunals of
the states, would be to allow not only foreign, but partial judges to
preside over the nation.
But the number, still more than the mere character, of the tribunals of
the states rendered them unfit for the service of the nation. When the
federal constitution was formed, there were already thirteen courts of
justice in the United States which decided causes without appeal. That
number is now increased to twenty-four. To suppose that a state can
subsist, when its fundamental laws may be subjected to four-and-twenty
different interpretations at the same time, is to advance a proposition
alike contrary to reason and to experience.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account